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McNEELY v. BLANAS

No. 02-15860.

326 F.3d 1056 (2003)

Dock McNEELY, Petitioner-Appellant, v. Lou BLANAS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2003.

Attorney(s) appearing for the Case

Daniel J. Broderick, Chief Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.

Craig S. Meyers, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Dock McNeely ("McNeely" or "Petitioner"), a California pretrial detainee, appeals the district court's dismissal of his 28 U.S.C. § 2241 habeas petition.1 McNeely contends that his constitutional speedy trial rights are being denied because he has been in custody since April 1998 without a preliminary hearing or trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse....

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