Hanson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DALE MICHAEL HANSON,  No. 02-35795 Petitioner-Appellant, v.  D.C. No.

CV-00-00049-LBE

MIKE MAHONEY, Warden,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the District of Montana Leif B. Erickson, Magistrate Judge, Presiding

Argued and Submitted June 2, 2003—Seattle, Washington Original Opinion Withdrawn January 28, 2004 Reargued and Submitted October 19, 2004 Seattle, Washington

Filed January 10, 2006

Before: Betty B. Fletcher, Melvin Brunetti, and M. Margaret McKeown, Circuit Judges.

Opinion by Judge B. Fletcher; Concurrence by Judge B. Fletcher

189 192 HANSON v. MAHONEY

COUNSEL

David Ness, Assistant Federal Defender, Helena, Montana, for the petitioner-appellant.

Carol E. Schmidt, Assistant Attorney General, Helena, Mon- tana, for the respondent-appellee.

OPINION

B. FLETCHER, Circuit Judge:

Dale Michael Hanson, whose petition for a writ of habeas corpus challenging his Montana conviction for sexual assault and deviate sexual conduct was dismissed by a magistrate judge, brings two issues before…