James Dean Bingman v. Jack McCormick Warden, Montana State Prison

988 F.2d 117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Dean BINGMAN, Petitioner-Appellant, v. Jack MCCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 91-36197. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided March 4, 1993. Appeal from the United States District Court for the District of Montana; No. CV-89-177-PGH, Paul G. Hatfield, District Judge, Presiding. D.Mont. AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 James Dean Bingman, a Montana state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. Bingman contends that the trial court violated his due process rights by excluding expert testimony and by sentencing him on the basis of a prior uncounseled conviction. We have jurisdiction under 28 U.S.C. § 2253 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 Bingman contends that the…