Donald Boone Nichols v. Michael Greeley, Attorney General of the State of Montana Henry Risley, Warden of the Montana State Prison Deer Lodge, Montana

949 F.2d 399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald Boone NICHOLS, Petitioner-Appellant, v. Michael GREELEY, Attorney General of the State of Montana; Henry Risley, Warden of the Montana State Prison; Deer Lodge, Montana, Respondents-Appellees. No. 91-35365. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1991. * Decided Dec. 10, 1991. Before EUGENE A. WRIGHT, DAVID R. THOMPSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Donald Boone Nichols, a Montana prisoner, petitioned for a writ of habeas corpus in federal district court pursuant to 28 U.S.C. § 2254 . That court transferred the case to a magistrate and later affirmed his denial of the petition. Nichols appeals. We affirm. 3 * Nichols was convicted of aggravated assault, kidnapping and deliberate homicide (under Montana's felony-murder rule) following a jury trial. Nichols and his son kidnapped Kari Swenson in July 1984. Nichols shot and killed one of her two…