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BROWN v. AHERN

No. 11-15767.

676 F.3d 899 (2012)

Nerrah BROWN, aka Keenan G. Wilkins, Petitioner-Appellant, v. Gregory J. AHERN, Sheriff, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2012.

Attorney(s) appearing for the Case

J. Frank McCabe , Burlingame, CA, for the petitioner-appellant.

Jill M. Thayer , Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: PROCTER HUG, JR., BETTY B. FLETCHER, and RICHARD A. PAEZ, Circuit Judges.

OPINION

HUG, Circuit Judge:

Since our decision in Carden v. Montana, the rule of this circuit has been that, absent specifically defined extraordinary circumstances, principles of federalism and comity prohibit a federal district court from entertaining a pre-conviction habeas petition that raises a Speedy Trial claim as an affirmative defense to state prosecution. 626 F.2d 82, 83 (9th Cir.1980). This appeal presents...

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