William M. Allen v. B.J. Bunnell, Superintendent

976 F.2d 736 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 M. ALLEN, Petitioner-Appellant, v. B.J. BUNNELL, Superintendent, Respondent-Appellee. No. 92-15057. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 22, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 William M. Allen, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Allen was convicted on four counts of rape, four counts of sodomy, and one count of oral copulation. 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. Ex Post Facto 3 Allen contends that the instructions read at his trial, which were conceded to be erroneous by the state, allowed for less or different testimony necessary to a sustain a conviction than required at the time he committed the offenses, in…