Franklin David Roof v. Manfred Maass, Superintendent

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Franklin David ROOF, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee. No. 91-36354. 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 Franklin D. Roof, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition. Roof was convicted of being an ex-convict in possession of a firearm, burglary, rape, and sodomy. 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 in part, reverse in part, and remand. Double Jeopardy 3 Roof's first assignment of error is that the district court erred in holding that he was not placed in double jeopardy where his conviction for burglary was based upon his possession of a .22 caliber pistol, which…