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McNEELEY v. ARAVE

No. 87-4088.

842 F.2d 230 (1988)

Bergen McNEELEY, Petitioner-Appellant, v. Arvon ARAVE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1988.

Attorney(s) appearing for the Case

John C. Lynn, Lynn, Scott & Hackney, Boise, Idaho, for petitioner-appellant, submitted on the briefs, without oral argument.

Lynn E. Thomas, Sol. Gen., Boise, Idaho, for respondent-appellee.

Before BROWNING, Chief Judge, NORRIS and O'SCANNLAIN, Circuit Judges.

PER CURIAM:

McNeeley appeals the district court's dismissal of his habeas petition on two grounds: (1) the district court erred in finding that McNeeley failed to exhaust state remedies; and (2) the district court abused its discretion in failing to certify the exhaustion issue to the Idaho Supreme Court. We affirm.

FACTS AND PROCEEDINGS

McNeeley pleaded guilty to a charge of robbery and was sentenced by an Idaho district court to an indeterminate...

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