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LaMERE v. SLAUGHTER

No. 05-35588.

458 F.3d 878 (2006)

Clifford LaMERE, Plaintiff-Appellant, v. William SLAUGHTER, Director, Department of Corrections; Mike Mahoney, Warden, Montana State Prison, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2006.

Attorney(s) appearing for the Case

Chad Wright, Helena, MT, for the appellant.

Ilka Becker, Office of the Montana Attorney General, Helena, MT, for the appellees.

Before A. WALLACE TASHIMA and W. FLETCHER, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

WILLIAM A. FLETCHER, Circuit Judge.

Petitioner Clifford LaMere seeks a writ of habeas corpus under 28 U.S.C. § 2254. In his state court trial, LaMere unsuccessfully moved for a directed verdict of acquittal at the close of the State's case-in-chief, as he was permitted to do under Montana law. He contends that he is entitled to habeas relief under In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970), and

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