Jerry Lee O'Brien v. James Rowland, Director of California Department of Corrections

960 F.2d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry Lee O'BRIEN, Petitioner-Appellant, v. James ROWLAND, Director of California Department of Corrections, et al., Respondents-Appellees. No. 91-55554. United States Court of Appeals, Ninth Circuit. Submitted March 3, 1992. * Decided April 20, 1992. Before HUG, PREGERSON and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Jerry O'Brien appeals the denial of his habeas corpus petition, 28 U.S.C. § 2254 . This court has jurisdiction, 28 U.S.C. § 2253 , and we affirm. 3 Petitioner was sentenced to death in 1968 for first degree murder. His sentence was overturned and he was resentenced to life imprisonment. Petitioner argues that because he was sentenced while the Indeterminate Sentencing Law was in effect in California, see former Cal.Penal Code § 1170, he is entitled under California's Determinate Sentencing Law to have a determinate sentence and parole date set. All of Petitioner's claims 1 are…