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SANDGATHE v. MAASS

No. 01-35053.

314 F.3d 371 (2002)

Joseph SANDGATHE, Petitioner-Appellant, v. Manfred F. MAASS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2002.

Attorney(s) appearing for the Case

Bryan E. Lessley, Assistant Federal Public Defender, Eugene, Oregon, for the petitioner-appellant.

Kathleen Cegla, Assistant Attorney General, and Janet A. Klapstein, Assistant Attorney General, Office of the Attorney General of the State of Oregon, Salem, Oregon, for the respondent-appellee.

Before: B. FLETCHER, O'SCANNLAIN and BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge.

Joseph Sandgathe appeals the denial and dismissal of his writ of habeas corpus filed in district court. The writ sought to challenge two 1993 convictions in the Lane County Circuit Court.

In one case ("the Bryson case"), Sandgathe was convicted in a jury trial of assault in the second degree. That case arose from a trip Sandgathe took in October 1992 to the dentist, reminiscent of the dentist scene in "The Little Shop...

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