Rose

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JASON WAYNE ROSE, 

Petitioner-Appellant, No. 03-35937 v.  D.C. No.

CV-00-01041-REJ

JOAN PALMATEER, Superintendent, Oregon State Penitentiary, OPINION Respondent-Appellee.  Appeal from the United States District Court for the District of Oregon Robert E. Jones, District Judge, Presiding

Argued and Submitted September 17, 2004—Portland, Oregon

Filed January 24, 2005

Before: J. Clifford Wallace, Ronald M. Gould and Carlos T. Bea, Circuit Judges.

Opinion by Judge Wallace COUNSEL

Noel Grefenson, Salem, Oregon, for the petitioner-appellant.

Timothy A. Sylwester, Assistant Attorney General, Salem, Oregon, for the respondent-appellee. 1066 ROSE v. PALMATEER

OPINION

WALLACE, Senior Circuit Judge:

State prisoner Rose appeals from the district court’s denial of his 28 U.S.C. § 2254 petition. He argues that he properly exhausted the claim that his confession and re-enactment of events were unlawfully induced and should have been sup- pressed, and he contends he did not validly waive his Ex Post Facto Clause objection…