Arthur Van Swait, Petitioner-appellant, v. James H. Gomez, Director; George Smith, Warden; Daniel E.lungren, Respondents-appellees, 46 F.3d 1148 (9th Cir. 1995)
Annotate this CaseBefore: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges.
MEMORANDUM**
James Gomez, George Smith and Daniel Lungren, Attorney General of the State of California, appeal the district court's decision to grant in part California state prisoner Arthur Van Swait's petition for writ of habeas corpus. Appellants claim the district court erred by reversing the trial court's finding that Swait's motion for assistance of counsel was brought in bad faith. We have jurisdiction under 28 U.S.C. § 2253, and we affirm for the reasons set forth in the district court's order. Swait's November 25, 1994 motion for release from custody is denied.
AFFIRMED.
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