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SOPHANTHAVONG v. PALMATEER

No. 02-35922.

378 F.3d 859 (2004)

Somphalavanh SOPHANTHAVONG, Petitioner-Appellant, v. Joan PALMATEER, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2004.

Amended August 3, 2004.

Attorney(s) appearing for the Case

Barbara L. Creel, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondent-appellee.

Before ALARCÓN, FERGUSON, and RAWLINSON, Circuit Judges.

Opinion by Judge Alarcón; Dissent by Judge Ferguson

ALARCÓN, Circuit Judge.

Somphalavanh Sophanthavong appeals from the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mr. Sophanthavong contends that the district court erred in denying his claim that he was denied effective assistance of counsel in violation of the Sixth and Fourteenth Amendments when his trial counsel (1) misrepresented the applicability of...

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