Mohammed Abedi v. George Smith, Warden of the California State Prison at Corcoran, California

42 F.3d 1398 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mohammed ABEDI, Petitioner-Appellant, v. George SMITH, Warden of the California State Prison at Corcoran, California, Respondent-Appellee. No. 93-16732. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1994. Decided Nov. 16, 1994. Before: SNEED, PREGERSON, WIGGINS, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Appellant Mohammed Abedi seeks relief under 28 U.S.C. Sec. 2254 . He was convicted of first degree murder and sentenced to imprisonment for 25 years to life with a one-year consecutive sentence for use of a knife. After exhausting his state remedies, Abedi sought habeas corpus relief in the United States District Court for the Eastern District of California. The district court denied the habeas petition after an evidentiary hearing before the magistrate. The hearing was limited to specific issues related to the witness unavailability claim. 3 This court has jurisdiction pursuant to 28…