Romey Kerr v. Robert Borg, Warden

980 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Romey KERR, Petitioner-Appellant, v. Robert BORG, Warden, Respondent-Appellee. No. 91-55507. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1992. * Decided Nov. 30, 1992. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 A. Because "[a] federal court may not issue the writ [of habeas corpus] on the basis of a perceived error of state law," Pulley v. Harris, 465 U.S. 37, 41 (1984), we determine only whether the state court's joinder of appellant's offenses violated his federal constitutional rights. Jackson v. Ylst, 921 F.2d 882, 885 (9th Cir.1990). "Improper joinder does not, in itself, violate the Constitution. Rather, misjoinder ... rise[s] to the level of a constitutional violation only if it results in prejudice so great as to deny a defendant his ... right to a fair trial." United States v. Lane, 474 U.S. 438 , 446 n. 8 (1986). 3 Nothing in the record persuades us…