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VOSGIEN v. PERSSON

No. 12-35397.

742 F.3d 1131 (2014)

Kelly J. VOSGIEN, Petitioner-Appellant, v. Rob PERSSON, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2014.

Attorney(s) appearing for the Case

Anthony Bornstein (argued), Federal Public Defender's Office, Portland, OR, for Petitioner-Appellant.

Kathleen Cegla (argued), Office of the Oregon Attorney General, Salem, OR, for Respondent-Appellee.

Before: BARRY G. SILVERMAN, WILLIAM A. FLETCHER, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

In 2006, petitioner Kelly Vosgien pled guilty in Oregon state court to three counts of "compelling prostitution," three counts of rape, three counts of sodomy, and one count of sexual abuse. Vosgien filed an untimely habeas petition in federal district court challenging his convictions. Seeking to excuse the untimeliness of his petition, Vosgien claimed that he was "actually innocent" of the compelling prostitution counts...

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