Michael Anthony Butler v. Carlton Zenon, Superintendent, Oregon State Corr. Instit.

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Anthony BUTLER, Petitioner-Appellant, v. Carlton ZENON, Superintendent, Oregon State Corr. Instit., Defendant-Appellee. No. 91-35099. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 17, 1992. Before BEEZER, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael Anthony Butler, an Oregon state prisoner, seeks federal habeas corpus. The district court denied his petition. We affirm. FACTS 3 Butler was one of three men to abduct Charmel Ulrich, a 14 year-old girl who was taking an afternoon walk with a friend. The three men kept the girl for at least several hours. Ultimately Butler raped her and then slit her throat with a knife. 4 Butler was charged in three separate cases--in the first, murder, felony murder (committed during a kidnapping), and felony murder (committed during a rape); in the second, first degree kidnapping "with the purpose of causing physical…