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SPIVEY v. ROCHA

No. 98-15061.

194 F.3d 971 (1999)

Eddie Charles SPIVEY, Petitioner-Appellant, v. Theresa ROCHA, Warden, California State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 1999.

Attorney(s) appearing for the Case

Ruth M. Saavedra, Deputy Attorney General, Sacramento, California, for the respondent-appellee.

Richard L. Rubin, Oakland, California, for the petitioner-appellant.

Before: PREGERSON and WIGGINS, Circuit Judges, and CARTER, District Judge.

CARTER, District Judge:

Eddie Charles Spivey, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his 1998 conviction for second degree murder and assault with a deadly weapon. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

FACTS AND PRIOR PROCEEDINGS

Spivey was convicted on August 16, 1990 of assault with a deadly weapon with personal use of a...

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