Joseph Scott Hunter, A/K/A Raymond C. Dirker v. Bernie Aispuro, Warden

In an order filed on October 29, 1992, we granted appellant’s petition for rehearing and withdrew our prior opinion. We now file this substitute opinion.

Joseph Scott Hunter appeals the denial of his petition for a writ of habeas corpus. He contends that the district court erroneously relied on the harmless error doctrine when rejecting his due process challenge to the state-imposed sentence. We affirm.

I. BACKGROUND AND PROCEDURAL HISTORY

Joseph Scott ‘ Hunter was indicted on eight counts for sexual offenses; three of the counts charged Hunter with committing forcible oral copulation. These three charges were based on incidents with two minors, Lorie D., age 12, and Michelle L., age 14.

At trial, both girls testified about the incident while Hunter asserted an alibi defense. The girls testified that after they accepted a ride with Hunter, he pulled out a gun which, unbeknownst to the girls, was unloaded. Hunter pointed the gun at Michelle’s head and told her to do what he said and she would not get hurt. Hunter told the girls that earlier that day he had robbed a bank, had been wounded, and was not afraid to use the gun. Later, Hunter took some bullets out of his pocket,…