William R. Cole v. James Rowland, Director California Department of Corrections

892 F.2d 1045 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William R. COLE, Petitioner-Appellant, v. James ROWLAND, Director California Department of Corrections, Respondent-Appellee. No. 88-15688. United States Court of Appeals, Ninth Circuit. Submitted Aug. 22, 1989. * Decided Jan. 9, 1990. Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Cole appeals pro se the district court's dismissal of his habeas corpus petition. Cole, who received a sentence of nine years imprisonment following conviction on a charge of attempted murder, alleges that the imposition of identical sentences for the offenses of attempted first degree and attempted second degree murder, as authorized by California's Proposition 7, the Briggs Initiative, violates his right to due process, his right to equal protection, and the eighth amendment's prohibition of cruel and unusual punishment. We review the dismissal of a habeas corpus petition de novo. United States v.…