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VANG v. NEVADA

No. 00-16639.

329 F.3d 1069 (2003)

Kou Lo VANG, Petitioner-Appellant, v. State of NEVADA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted April 29, 2003.

Filed May 23, 2003.

Attorney(s) appearing for the Case

Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for the petitioner-appellant.

Victor H. Schulze, II, Deputy Attorney General, Las Vegas, NV, for the respondent-appellee.

Before HILL, GRABER, and McKEOWN, Circuit Judges.

OPINION

GRABER, Circuit Judge.

Petitioner Kou Lo Vang appeals the dismissal without prejudice of his petition for habeas corpus under 28 U.S.C. § 2254. The district court dismissed the petition without prejudice because it was a "mixed petition" containing both exhausted and unexhausted claims. Petitioner argues that the court erred when it concluded that claims 1, 4, 5, 6, and 7 were procedurally defaulted and that claims 8 and 13(F)(1) and (2) were...

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