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CALIENDO v. WARDEN OF CALIFORNIA MEN'S COLONY

No. 01-56946.

353 F.3d 1147 (2004)

Gregory Dean CALIENDO, Petitioner-Appellant, v. WARDEN OF CALIFORNIA MEN'S COLONY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2004.

Attorney(s) appearing for the Case

Kenneth M. Miller, San Clemente, CA, for the appellant; Gregory Dean Caliendo, pro se, petitioner-appellant.

Michael R. Johnsen and David F. Glassman, Deputies Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: Cynthia Holcomb Hall, Diarmuid F. O'Scannlain, and M. Margaret McKeown, Circuit Judges.

Argued and Submitted November 5, 2003 — Pasadena, California.

CYNTHIA HOLCOMB HALL, Circuit Judge.

Petitioner Gregory Caliendo appeals the district court's denial of his petition for writ of habeas corpus. He contends that the California Court of Appeal's decision upholding his conviction was contrary to Supreme Court precedent because the court did not presume prejudice from an incident of juror misconduct. A detective who provided testimony that was...

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