Anderson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT ANDERSON, 

Petitioner-Appellant, No. 04-15751 v. EDWARD ALAMEIDA, JR., Director,  D.C. No.

CV 03-00383-VRW

California Department of

OPINION

Corrections, Respondent-Appellee.  Appeal from the United States District Court for the Northern District of California Vaughn R. Walker, District Judge, Presiding

Argued and Submitted January 12, 2005—San Francisco, California

Filed February 2, 2005

Before: John T. Noonan, Consuelo M. Callahan, Circuit Judges, and Robert E. Jones, District Judge.*

Opinion by Judge Jones

*The Honorable Robert E. Jones, United States District Judge for the District of Oregon, sitting by designation. COUNSEL

Lawrence A. Gibbs, Law Office of Lawrence A. Gibbs, Berkeley, California, for the petitioner-appellant. 1458 ANDERSON v. ALAMEIDA Dane R. Gillette, AGCA - Office of the California Attorney General, San Francisco, California, for the respondent- appellee.

OPINION

JONES, District Judge:

Petitioner, Robert Andersen, appeared before a New Hamp- shire state court and waived extradition to…