Walter Clinton Nicholson v. Samuel Lewis

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Walter Clinton NICHOLSON, Petitioner-Appellant, v. Samuel LEWIS, et al., Respondents-Appellees. No. 91-15748. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 28, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Walter Clinton Nicholson, an Arizona state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. He was convicted of sale of narcotic drugs, possession of narcotic drugs for sale, and possession of marijuana following a second trial ordered by the Arizona Court of Appeals because of prosecutorial misconduct at his first trial. He contends that his retrial violated the double jeopardy clause. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. 3 We review de novo the district court's denial of a habeas petition and accept its fact findings unless they are clearly erroneous.…