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SAMAYOA v. DAVIS

No. 18-56047.

928 F.3d 1127 (2019)

Richard Gonzales SAMAYOA, Petitioner-Appellant, v. Ron DAVIS, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2019.

Attorney(s) appearing for the Case

Glen P. Niemy , (argued), Salem, Massachusetts, for Petitioner-Appellant.

Robin H. Urbanski , (argued) and Annie Featherman Fraser , Deputy Attorneys General; Holly D. Wilkens , Supervising Deputy Attorney General; Julie L. Garland , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Dissent by Judge Watford

OPINION

We are asked to decide in this case whether 18 U.S.C. § 3599 permits federal appointment of additional counsel to represent a California death-row prisoner who is seeking state clemency where the State of California also provides for state clemency counsel. We have jurisdiction under 28 U.S.C. ...

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