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LOFTIS v. ALMAGER

No. 09-16884.

704 F.3d 645 (2012)

Derrick LOFTIS, Petitioner-Appellant, v. Victor ALMAGER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2012.

Attorney(s) appearing for the Case

Daniel J. Broderick , Federal Defender, Carolyn M. Wiggin , Assistant Federal Defender, Sacramento, CA, for Petitioner-Appellant.

Kamala D. Harris , Attorney General, Michael P. Farrell , Senior Assistant Attorney General, Kathleen A. McKenna , Supervising Deputy Attorney General, Barton Bowers , Deputy Attorney General, for the Respondent-Appellee.

Opinion by Judge ADELMAN; Concurrence by Judge SILVERMAN; Dissent by Judge TASHIMA.

OPINION

ADELMAN, District Judge:

Petitioner-Appellant Derrick Loftis seeks a writ of habeas corpus challenging his California conviction of second degree murder. The district court denied the petition, but we issued a certificate of appealability regarding whether there was a sufficient factual basis to support Loftis's no contest plea and whether his plea was knowing and voluntary. We now affirm.

I. FACTS AND BACKGROUND

The pertinent facts...

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