Barry Warren Clyde v. Pete Demosthenes, Warden of the Nevada State Prison, and Brian McKay Attorney General of the State of Nevada

955 F.2d 47 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barry Warren CLYDE, Petitioner-Appellant, v. Pete DEMOSTHENES, Warden of the Nevada State Prison, and Brian Mckay, Attorney General of the State of Nevada, Respondents-Appellees. No. 90-16830. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 14, 1991. Decided Feb. 20, 1992. Before JAMES R. BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Barry Warren Clyde, a Nevada state prisoner, appeals the district court's denial of his petition for writ of habeas corpus, 28 U.S.C. § 2254 . Clyde was convicted by a jury of one count of conspiracy to sell a controlled substance and two counts of trafficking in a controlled substance. We have jurisdiction under 28 U.S.C. § 2253 and we affirm. 3 I. Constitutional Challenges to Nev.Rev.Stat. § 453.3405(2) 4 Clyde contends Nev.Rev.Stat. § 453.3405(2) violates the United States Constitution. He makes three separate…