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BRICENO v. SCRIBNER

No. 07-55665.

555 F.3d 1069 (2009)

Alberto Francisco BRICENO, Petitioner-Appellant, v. A.K. SCRIBNER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2009.

Attorney(s) appearing for the Case

Vivian A. Fu, San Francisco, CA, for the petitioner-appellant.

Ronald A. Jakob, Deputy Attorney General; Dane R. Gillette, Chief Assistant Attorney General; Gary W. Schons, Senior Assistant Attorney General (Edmund G. Brown, Jr., Attorney General for the State of California), San Diego, CA, for the respondent-appellee.

Opinion by Judge MINER; Partial Concurrence and Partial Dissent as to Part III by Judge WARDLAW.

MINER, Circuit Judge:

I. Introduction

Alberto Francisco Briceno appeals from a judgment of the United States District Court for the Central District of California (Morrow, J.) denying his petition for a writ of habeas corpus. Briceno was convicted, following a jury trial, of four counts of second degree robbery and four counts of street terrorism in the Superior Court of Orange County. The jury also found that the robberies were committed for the...

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