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BRAGG v. GALAZA

No. 99-16636.

253 F.3d 1150 (2001)

Andre Marcus BRAGG, Petitioner-Appellant, v. Warden GALAZA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2001.

Amended June 12, 2001.

Attorney(s) appearing for the Case

Quin Denvir, Federal Defender; Daniel J. Broderick, Chief Assistant Federal Defender; Carolyn M. Wiggin, Staff Attorney; Allison Claire, Assistant Federal Defender, Sacramento, California, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California; David P. Druliner, Chief Assistant Attorney General; Robert R. Anderson, Senior Assistant Attorney General; Arnold O. Overoye, Senior Assistant Attorney General; Mathew Chan, Deputy Attorney General, Sacramento, California, for the respondent-appellee.

Before: O'SCANNLAIN, LEAVY, and GOULD, Circuit Judges.

Argued and Submitted August 7, 2000 — San Francisco, California

ORDER

This court's opinion, filed March 12, 2001, is amended as follows:

1. On page 3110 of the slip, the first sentence of the second full paragraph reads: Here, while Bragg appealed his conviction in the state court alleging that facts on the record established ineffective assistance of counsel, he never moved for an evidentiary hearing to resolve any factual ambiguities...

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