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ALLEN v. ROE

No. 01-17010.

305 F.3d 1046 (2002)

Paul Donald ALLEN, Petitioner-Appellant, v. Ernie ROE, Warden; Bill Lockyer, Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2002.

Attorney(s) appearing for the Case

Ann McClintock, Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.

Jo Graves, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, and Harry Joseph Colombo (argued), Deputy Attorney General, Sacramento, CA, for the respondents-appellees.

Before HAWKINS and FISHER, Circuit Judges, and MOSKOWITZ, District Judge.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge.

Paul Donald Allen ("Allen") appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Allen challenges his California state conviction and thirty-two year sentence for first degree murder, using a firearm in the commission of the murder, and being a felon in possession of a firearm. Allen contends that his post-arrest statements concerning the shooting, as well as the...

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