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COLEMAN v. CALDERON

Nos. 97-99013, 97-99014.

210 F.3d 1047 (2000)

Russell COLEMAN, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee. Russell Coleman, Petitioner-Appellee, v. Arthur Calderon, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2000.

Attorney(s) appearing for the Case

Cliff Gardner and Robert Derham, Gardner & Derham, San Francisco, California, for the petitioner-appellant-cross-appellee.

Morris Beatus, Deputy Attorney General, San Francisco, California, for the respondent-appellee-cross-appellant.

Before: SCHROEDER, BRUNETTI, and THOMPSON, Circuit Judges.

Opinion by Judge DAVID R. THOMPSON; Partial Concurrence and Partial Dissent by Judge BRUNETTI.

DAVID R. THOMPSON, Circuit Judge:

We reconsider this appeal on remand from the Supreme Court, Calderon v. Coleman, 525 U.S. 141, 119 S.Ct. 500, ___ L.Ed.2d ___ (1998), to determine whether an erroneous jury instruction given by the trial court was harmless. See Brecht v. Abrahamson, 507 U.S. 619

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