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Francis v. Cambra

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
73 F. App'x 278 (9th Cir. 2003)

Opinion


73 Fed.Appx. 278 (9th Cir. 2003) Osama FRANCIS, Petitioner, v. Steven CAMBRA, Jr., Warden, Respondent. No. 02-56037. D.C. No. CV-01-00363-JTM. United States Court of Appeals, Ninth Circuit. August 19, 2003

Argued and Submitted August 7, 2003.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Southern District of California, Jeffrey T. Miller, District Judge, Presiding.

Before KOZINSKI, T.G. NELSON, Circuit Judges, and RESTANI, Judge.

The Honorable Jane A. Restani, United States Court of International Trade, sitting by designation.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

We expand the certificate of appealability to encompass the issue of whether Francis exhausted his claims that his Sixth Amendment rights to an impartial jury and to a unanimous jury were violated. See 9th Cir. R. 22-1. Francis fairly presented these claims in his state appeals by citing federal case law. See Lyons v. Crawford, 232 F.3d 666, 670 (9th Cir.2000), as amended by 247 F.3d 904 (9th Cir.2001). Francis's claims are therefore exhausted.

We reverse the district court's dismissal without prejudice and remand for further proceedings consistent with out holding.

REVERSED AND REMANDED.


Summaries of

Francis v. Cambra

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
73 F. App'x 278 (9th Cir. 2003)
Case details for

Francis v. Cambra

Case Details

Full title:Osama FRANCIS, Petitioner, v. Steven CAMBRA, Jr., Warden, Respondent. D.C…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 2003

Citations

73 F. App'x 278 (9th Cir. 2003)