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BEARDSLEE v. BROWN

No. 01-99007.

393 F.3d 1032 (2004)

Donald BEARDSLEE, Petitioner-Appellant, v. Jill BROWN, Warden, of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2004.

Attorney(s) appearing for the Case

Michael Laurence, Barbara Saavedra, Susan Garvey, San Francisco, CA, attorneys, for petitioner-appellant.

Dane R. Gillette, Deputy Attorney General, San Francisco, CA, for respondent-appellee.

Before TASHIMA, THOMAS and PAEZ, Circuit Judges.

THOMAS, Circuit Judge.

Donald Beardslee seeks federal habeas relief pursuant to Sanders v. Woodford, 373 F.3d 1054 (9th Cir.2004), a decision recently issued by this Court. Beardslee was convicted by a jury in San Mateo County, California, of two counts of first degree murder with special circumstances and sentenced to death. The California Supreme Court affirmed his conviction and sentence. People v. Beardslee,

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