Clyde W. Duggan v. Manfred Maass, Superintendant, Warden, Oregon State Penitentiary

972 F.2d 1338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Clyde W. DUGGAN, Petitioner-Appellant, v. Manfred MAASS, Superintendant, Warden, Oregon State Penitentiary, Respondent-Appellee. No. 91-36054. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 7, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Clyde W. Duggan, an Oregon state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Duggan was convicted following a jury trial of three counts of robbery. We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. Double Jeopardy 3 Duggan's first assignment of error is that the District Court erred by holding that the state trial court's rejection of his Double Jeopardy claim was entitled to a presumption of correctness despite the fact that the claim is a mixed question of law…