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PHAM v. TERHUNE

No. 03-17214.

400 F.3d 740 (2005)

Dung The PHAM, Petitioner-Appellant, v. C.A. TERHUNE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2005.

Attorney(s) appearing for the Case

Cliff Gardner, San Francisco, CA, for the petitioner-appellant.

Glenn R. Pruden, Office of the California Attorney General, San Francisco, CA, for the respondent-appellee.

Before BEEZER, W. FLETCHER, and FISHER, Circuit Judges.

PER CURIAM.

Dung The Pham, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. In 1998, a jury convicted Pham and his co-defendant, Son Hoang Nguyen, of first degree murder. Pham was sentenced to a term of 29 years to life.

The State and Pham agree that Tong Nguyen was murdered by two gunmen, and that one of the gunmen was Tien Ha, who remains at large. At trial, Pham presented...

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