Edwin Coe Bergman v. W.A. Duncan, Warden Attorney General of the State of California

86 F.3d 1161 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edwin Coe BERGMAN, Petitioner-Appellant, v. W.A. DUNCAN, Warden; Attorney General of the State of California, Respondents-Appellees. No. 95-55992. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1996. Decided May 22, 1996. Before: GIBSON, * NOONAN, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Edwin Coe Bergman, a California state prisoner, appeals the district court's dismissal of his habeas corpus petition without prejudice for failure to exhaust state remedies. We affirm. I. BACKGROUND 3 On June 14, 1980, law enforcement officers arrested Bergman and charged him with, among other offenses, the murder and robbery of Tony Bass. Prior to his trial, and on the advice of his attorney, Bergman agreed to cooperate with the police and prosecutors in their efforts to locate Bass's body. Bergman's attorney told him that, in exchange for this assistance, the authorities would recommend that…