The following excerpt is from Shults v. Whitley, 981 F.2d 1259 (9th Cir. 1992):
A district court's decision whether to grant a writ of habeas corpus is reviewed de novo. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991). We have jurisdiction pursuant to 28 U.S.C. 2253 and 28 U.S.C. 1291, and we affirm. 1
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