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RIOS v. ROCHA

No. 01-15835.

299 F.3d 796 (2002)

Victor Eugene RIOS, Petitioner-Appellant, v. Teresa ROCHA, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2002.

Attorney(s) appearing for the Case

Quin Denver, Federal Defender and Ann C. McClintock, Assistant Federal Defender, Sacramento, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General for the State of California; Robert R. Anderson, Chief Assistant Attorney General; Jo Graves, Senior Assistant Attorney General; John G. Mclean, Supervising Deputy Attorney General; and Harry Joseph Colombo, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before REINHARDT, NOONAN, and FERNANDEZ, Circuit Judges.

Opinion by Judge REINHARDT; Dissent by Judge FERNANDEZ.

OPINION

REINHARDT, Circuit Judge.

In the early morning hours of November 22, 1986, James Hampton, a member of the "Bloods" street gang, was shot and killed in front of the A/C Pizza and Deli in Sacramento, California. There were somewhere between 50 and 200 patrons at the location that night, many of whom were drinking and partying outside the establishment at the time the shots were

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