William Schueler v. R.G. Borg

972 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William SCHUELER, Petitioner-Appellant, v. R.G. BORG, Respondent-Appellee. No. 91-15147. United States Court of Appeals, Ninth Circuit. Submitted Feb. 10, 1992. * Decided Aug. 5, 1992. As Amended Sept. 29, 1992. Before SCHROEDER, REINHARDT and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 We affirm the denial of Schueler's petition for a writ of habeas corpus. 3 Schueler was convicted of armed robbery in Napa County, California Superior Court. He claims constitutional error, because the jury was not required to agree unanimously "as to which participant in the crime appellant was,"--whether he was the person who entered the store, or the person who rented the motel room for use as a safe house for the robbers. 4 On October 3, 1986, two masked men robbed a California warehouse. Schueler was caught coming out of the motel room where the loot was found, in the company of Lou Costa and Penny Salzsiedler. At trial,…