Jimmy John Hernandez v. Charles Ryan, Warden, A.S.P.C. Winslow Attorney General of the State of Arizona

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmy John HERNANDEZ, Petitioner-Appellant, v. Charles RYAN, Warden, A.S.P.C. Winslow; Attorney General of the State of Arizona, Respondents-Appellees. No. 91-16017. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992 * Decided June 3, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jimmy John Hernandez, an Arizona state prisoner, appeals pro se the district court's dismissal without prejudice of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for sale of narcotics. He contends that the district court erred by finding that his claim was unexhausted. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. 3 Hernandez entered an Alford plea to sale of narcotics and was sentenced to seven years imprisonment in December 1989. See North Carolina v. Alford, 400 U.S. 25, 37-39 (1970) (defendant may plead guilty without…