Ronald Mark Miller v. California Department of Corrections

Good Law
891 F.2d 295·1989 WL 149259·1989 U.S. App. LEXIS 18670
United States Court of Appeals for the Ninth CircuitDecember 8, 198989-55065California446 words

Opinion

Opinion

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald Mark MILLER, Petitioner-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Respondent-Appellee. No. 89-55065. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1989. * Decided Dec. 8, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Ronald Mark Miller (Miller) appeals pro se from the district court's order dismissing his habeas corpus petition. Specifically, Miller contends that his placement on state parole upon release from custody violated his plea bargain and thus undermined the constitutionality of his plea of nolo contendere. We disagree and affirm. 3 The decision whether to grant or deny a petition for habeas is reviewed de novo. United States v. Popoola, 881 F.2d 811, 812 (9th Cir.1989). "To the extent it is necessary to review findings of fact, the clearly erroneous standard applies." Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). 4…

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