Douglas L. Laverdure v. Jack McCormick Warden, Montana State Prison

977 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Douglas L. LAVERDURE, Petitioner-Appellant, v. Jack MCCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 91-36226. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1992. * Decided Oct. 22, 1992. Before FEINBERG, ** GOODWIN and SCHROEDER, Circuit Judges. 1 MEMORANDUM *** 2 Douglas L. Laverdure appeals the district court's denial of his habeas corpus petition. Laverdure was convicted in Montana of aggravated burglary, criminal mischief and misdemeanor assault. Throughout his state and federal appeals, petitioner has asserted two issues: (1) that the district court erred in denying his motion for a directed verdict because there was insufficient evidence to convict him; and (2) that the prosecutor's remarks during closing arguments deprived him of due process. The district court's judgment is affirmed. 3 Laverdure's first argument must fail. We look to whether "after viewing the evidence…