George Edward Miller v. Kenneth W. Ducharme

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George Edward MILLER, Petitioner-Appellant, v. Kenneth W. DUCHARME, Respondent-Appellee. No. 91-36050. 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 George Edward Miller, a Washington state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Miller, who was convicted of second-degree burglary, challenges the validity of a prior 1974 felony conviction for second-degree assault that was used to enhance his sentence. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 Miller, who pleaded guilty to the prior conviction, contends that his guilty plea was involuntary because he did not understand the "intent to commit a felony" element of second-degree assault. This contention fails. 4 Due process requires…