SISTRUNK v. ARMENAKIS

No. 99-36000.

292 F.3d 669 (2002)

Emanuel M. SISTRUNK, Petitioner-Appellant, v. Nicholas ARMENAKIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2002.


Attorney(s) appearing for the Case

Dennis N. Balske, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

Janet A. Klapstein, Deputy Attorney General, Salem, OR, for the respondent-appellee.

Before: SCHROEDER, Chief Judge, and REINHARDT, TROTT, RYMER, HAWKINS, TASHIMA, SILVERMAN, MCKEOWN, FISHER, PAEZ, and BERZON, Circuit Judges.


OPINION

TASHIMA, Circuit Judge.

This is an appeal from the denial of a petition for writ of habeas corpus challenging petitioner Emanuel Sistrunk's state court conviction for rape. We must decide whether Sistrunk has made a sufficient showing of his actual innocence to pass through the Schlup gateway. We conclude that he has not; therefore, we affirm the district court.

I. BACKGROUND

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