Ronald L. White v. Jack McCormick Warden, Montana State Prison

979 F.2d 857 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald L. WHITE, Petitioner/Appellant, v. Jack MCCORMICK, Warden, Montana State Prison, Respondent/Appellee. No. 91-35756. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1992. * Decided Nov. 19, 1992. Before D.W. NELSON, REINHARDT and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 In 1979 Ronald L. White pleaded guilty in Montana state court to aggravated kidnapping and was sentenced to 75 years in prison. Pursuant to the plea bargain agreement, an additional charge of deliberate homicide was dropped. 3 White subsequently filed a habeas corpus petition in the district court pursuant to 28 U.S.C. § 2254 alleging that his guilty plea was involuntary and that he received ineffective assistance of counsel. The district court granted respondent's motion for summary judgment. On appeal, we reversed and remanded the cause to the district court for an evidentiary hearing. On remand, the magistrate…