Allen

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 08 2005

CATHY A. CATTERSON, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

JUAN H., No. 04-15562

Petitioner - Appellant, D.C. No. CV-02-02018-CW Northern District of California, v. Oakland

WALTER ALLEN, III,

ORDER

Respondent - Appellee.

Before: D.W. NELSON, KLEINFELD, and GOULD, Circuit Judges.

The opinion filed on June 2, 2005, and published at 408 F.3d 1262, is

AMENDED as follows:

The content of footnote 8 states:

Aside from determining whether a state court has unreasonably applied a

provision of federal law or the Constitution, under § 2254(d)(2), a federal

court may also grant a writ of habeas corpus if a material factual finding of

the state court reflects “an unreasonable determination of the facts in light

of the evidence presented in the State court proceeding.” 28 U.S.C. §

2254(d)(2). In making this inquiry, we must presume that any state court

factual finding is correct, and the petitioner has the burden of proving…