David L. Robins v. Manfred (Fred) Maass, Superintendent, Oregon State Penitentiary

972 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David L. ROBINS, Petitioner-Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 91-35726 United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided July 22, 1992. Before TANG, FERGUSON and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 David Robins appeals the district court's judgment denying his petition for writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 , 2253, and we affirm. 3 We review de novo the district court's decision to deny Robins' habeas petition. United States v. Popoola, 881 F.2d 811, 812 (9th Cir.1989). The state court's factual findings are entitled to a presumption of correctness under 28 U.S.C. § 2254 (d). Hayes v. Kincheloe, 784 F.2d 1434, 1437 (9th Cir.1986). This presumption does not attach, however, to the state court's determination of legal…