Gannon

931 F.2d 896 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bruce A. GANNON, Petitioner/Appellant, v. Samuel A. LEWIS, Respondent/Appellee. No. 90-15120. United States Court of Appeals, Ninth Circuit. Submitted March 15, 1991. * Decided May 8, 1991. As Amended on Denial of Rehearing Aug. 7, 1991. Before BEEZER and NOONAN, Circuit Judges, and SINGLETON, Jr. District Judge. ** MEMORANDUM *** I. STATEMENT OF THE CASE Appellant Bruce A. Gannon, (hereinafter "Gannon"), pro se, appeals the dismissal of his second habeas corpus petition pursuant to 28 U.S.C. Sec. 2254 , challenging his state conviction for second-degree murder. We affirm. Gannon raises three issues. First, he contends his due process rights were violated when the state court imposed a sentence in excess of the presumptive sentence without conducting an aggravating/mitigating hearing. Second, he argues that his due process rights were violated because the trial court erred in imposing a…