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RODGERS v. MARSHALL

No. 10-55816.

678 F.3d 1149 (2012)

Otis Lee RODGERS, Petitioner-Appellant, v. John MARSHALL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2012.

Attorney(s) appearing for the Case

John Ward (argued), San Francisco, CA, for petitioner-appellant Otis Lee Rodgers.

Kevin Vienna (argued), Kamala D. Harris, Gary W. Schons, David Delgado-Rucci, San Diego, CA, for respondent-appellee John Marshall.

Before: STEPHEN REINHARDT and WILLIAM A. FLETCHER, Circuit Judges, and JACK ZOUHARY, District Judge.

OPINION

ZOUHARY, District Judge:

INTRODUCTION

In June 2003, a jury found Petitioner-Appellant Otis Lee Rodgers ("Rodgers") guilty of assault with a firearm, possession of a firearm and ammunition by a felon, and making criminal threats, as well as two sentencing enhancement allegations. Rodgers was sentenced and is currently serving a sixteen-year prison term.

After exhausting state court remedies, Rodgers filed a petition for...

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