No. 00-35596.

275 F.3d 744 (2001)

Rodrigo GANDARELA, Petitioner-Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Facility Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 18, 2001.

Attorney(s) appearing for the Case

Lucy J. Brehm, Stephen R. Sady (argued), Assistant Federal Public Defender, Portland, Oregon, for the petitioner-appellant.

Janet A. Klapstein (argued), Assistant Attorney General, Salem, Oregon, for respondent-appellee.

Before: HUG, T.G. NELSON and GOULD, Circuit Judges.

GOULD, Circuit Judge:

Oregon state prisoner Rodrigo Gandarela appeals the district court's order denying his 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his 1994 jury trial conviction for sexual abuse of a minor. The victim, a four-year-old child, did not testify at trial. She testified at a competency hearing at which the defendant was not present. At trial, the child victim's hearsay statements about the incident of abuse were introduced...

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