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DUHAIME v. DUCHARME

No. 98-36073.

200 F.3d 597 (2000)

David DUHAIME, Petitioner-Appellant, v. Kenneth DUCHARME, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 1999.

Amended January 10, 2000.

Attorney(s) appearing for the Case

Michael Kahrs, Seattle, Washington, for the petitioner-appellant.

Donna H. Mullen, Assistant Attorney General, Olympia, Washington, for the respondent-appellee.

Before: GOODWIN and SCHROEDER, Circuit Judges, and SCHWARZER, Senior District Judge.

ORDER

The opinion filed October 12, 1999, slip op. 12555, is amended as follows:

Slip op. at 12561, heading [1]: Delete entire paragraph beginning with "This court, however, ...." and replace with:

This court, however, has held that, because of the 1996 AEDPA amendments, it can no longer reverse a state court decision merely because that decision conflicts with Ninth Circuit precedent on a federal Constitutional issue. Moore v. Calderon,...

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