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GUNN v. IGNACIO

No. 99-16186.

263 F.3d 965 (2001)

Deon GUNN, Petitioner-Appellant, v. John IGNACIO, Frankie Sue Del Papa, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2001.

Attorney(s) appearing for the Case

Danice Arbor Johnson, Assistant Federal Public Defender, Las Vegas, Nevada, for the appellant.

Aimee E. Banales, Deputy Attorney General, Carson City, Nevada, for the appellees.

Before: Andrew J. KLEINFELD, Michael Daly HAWKINS, and Richard C. and TALLMAN, Circuit Judges.

Argued and Submitted December 11, 2000 — San Francisco, California.

KLEINFELD, Circuit Judge:

This is a petition for a writ of habeas corpus from a state conviction. The issues relate to whether a prosecutor breached a plea agreement.

Facts

Gunn mugged two women, on two separate occasions, using a gun each time. He was charged in state court with two counts of robbery1 with use of a deadly weapon

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