Michael Gene Custer v. Wayne Estelle

988 F.2d 118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Gene CUSTER, Petitioner-Appellant, v. Wayne ESTELLE, Respondent-Appellee. No. 92-15639. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1992. Decided March 11, 1993. As Amended April 29, 1993. Appeal from the United States District Court for the Northern District of California; No. CV-90-20424-WAI, William A. Ingram, District Judge, Presiding. N.D.Cal. AFFIRMED. Before WILLIAM A. NORRIS, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * I. OVERVIEW 2 Michael Custer was convicted of assault in a California state court. Cal.Penal Code § 245(a). He petitioned the federal district court for a writ of habeas corpus. The district court denied his petition, and Custer now appeals. Custer claims that: (1) he was given ineffective assistance of counsel, (2) the California Court of Appeal violated his right to due process of law by using a different basis than the trial court to…