Johnny Lee Warren v. Jeff Hood

968 F.2d 1223 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Johnny Lee WARREN, Petitioner-Appellant, v. Jeff HOOD, et al., Respondents-Appellees. No. 91-16517. United States Court of Appeals, Ninth Circuit. Submitted June 24, 1992. * Decided July 1, 1992. Before FLETCHER, LEAVY and THOMAS G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Johnny Lee Warren, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 Warren raised two claims in his federal habeas petition: (1) he was not advised of his rights under Miranda v. Arizona, 384 U.S. 436 (1966), at the time of his arrest, and therefore the state trial court should have suppressed his confession; and (2) his sentence violates the eighth amendment. The district court found that Warren had procedurally defaulted on the Miranda claim and rejected the eighth amendment…