James Mikell v. E. McDaniel

FILED

+Corrected July 8, 2013 JUN 17 2013

MOLLY C. DWYER, CLERK

NOT FOR PUBLICATION U.S. COURT OF APPEALS

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES MIKELL, No. 11-15747

Petitioner - Appellant, D.C. No. 3:07-cv-00577-RCJ-

RAM

v.

BRIAN E. WILLIAMS, SR., MEMORANDUM*

Respondent - Appellee.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, Chief District Judge, Presiding

+Argued and Submitted June 10, 2013 San Francisco, California

Before: TASHIMA and BYBEE, Circuit Judges, and STAFFORD**, Senior District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** The Honorable William H. Stafford, Jr., Senior District Judge for the U.S. District Court for the Northern District of Florida, sitting by designation. James Mikell appeals the district court’s denial of his petition for a writ of

habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and

we affirm.

Mikell was tried jointly with two…