Court of Appeals for the Ninth Circuit May 4, 1990, 87-2522 (Mark Owen McGuire v. Wayne Estelle, Warden)

ORDER

The opinion filed May 8, 1989, 873 F.2d 1323, is withdrawn and is vacated.

SO ORDERED.

*751

WIGGINS, Circuit Judge:

Mark McGuire (“McGuire”) appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254(a). McGuire was convicted of second degree murder and is now serving a fifteen year to life sentence in a California state prison.