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PATTERSON v. STEWART

No. 00-15034.

251 F.3d 1243 (2001)

Donald Ray PATTERSON, Petitioner-Appellant, v. Terry L. STEWART, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2001.

Attorney(s) appearing for the Case

Jason D. Hawkins, Assistant Federal Public Defender, Sylvia J. Lett, Phoenix, Arizona, for the petitioner-appellant.

John Pressley Todd, Assistant Attorney General, Criminal Appeals Section, Phoenix, Arizona, for the respondent-appellee.

Before: Stephen Reinhardt, Pamela Ann Rymer and Raymond C. Fisher, Circuit Judges.

Argued and Submitted March 13, 2001 — San Francisco, California

FISHER, Circuit Judge:

On June 19, 1998, Donald Ray Patterson filed a petition for writ of habeas corpus in federal court challenging the constitutionality of his conviction for sexual assault, kidnapping, aggravated assault and burglary. The district court dismissed Patterson's petition as untimely, concluding that Patterson had filed his petition one day too late. Patterson now appeals...

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