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RILEY v. PAYNE

No. 03-35054.

352 F.3d 1313 (2003)

Johnny Lee RILEY, Jr., Petitioner-Appellant, v. Alice PAYNE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2003.

Attorney(s) appearing for the Case

David B. Zuckerman, Seattle, Washington, for the petitioner-appellant.

John J. Samson, Assistant Attorney General, State of Washington, for the respondent-appellee.

Before: STEPHEN S. TROTT, RAYMOND C. FISHER, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted October 10, 2003 — Seattle, Washington.

OPINION

GOULD, Circuit Judge:

Petitioner Johnny Lee Riley, Jr. appeals the district court's denial of his petition for a writ of habeas corpus, which was filed on March 6, 2002 in the United States District Court for the Western District of Washington. Riley was convicted in Washington state court of assault and of carrying a short firearm. His direct appeals and his personal restraint...

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