Allen Wayne Smith v. B.J. Bunnell, Warden

988 F.2d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Allen Wayne SMITH, Petitioner-Appellant, v. B.J. BUNNELL, Warden, Respondent-Appellee. No. 91-16544. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided March 3, 1993. Appeal from the United States District Court for the Northern District of California; No. CV-89-20729-WAI, William A. Ingram, District Judge, Presiding. N.D.Cal. AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Allen Wayne Smith, a California state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his robbery conviction. Smith contends that the district court erred by denying, without an evidentiary hearing, his claim that the trial court deprived him of due process by enhancing his sentence based on three constitutionally invalid prior convictions. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Norris v. Risley,…