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EDELBACHER v. CALDERON

No. 97-16947.

160 F.3d 582 (1998)

Peter T. EDELBACHER, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 18, 1998.

Attorney(s) appearing for the Case

Quin Denvir, Federal Defender, Mark E. Cutler, Assistant Federal Defender, Sacramento, California, for petitioner-appellant.

Mark Anthony Johnson, Deputy Attorney General, Sacramento, California, for respondent-appellee.

Before: SNEED, HALL, and RYMER, Circuit Judges.

SNEED, Circuit Judge:

Petitioner Peter T. Edelbacher ("petitioner") appeals from a judgment of the United States District Court for the Eastern District of California, Judge Robert E. Coyle, dismissing his petition for writ of habeas corpus. On appeal, petitioner argues that we are bound by Phillips v. Vasquez, 56 F.3d 1030 (9th Cir.1995). The narrow holding in Phillips does not control this case. When there

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