David P. Rangel v. James Gomez, Director Attorney General of California

990 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David P. RANGEL, Petitioner-Appellant, v. James GOMEZ, Director; Attorney General of California, Respondents-Appellees. No. 92-55971. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1993. * Decided April 16, 1993. 1 Before NOONAN and LEAVY, Circuit Judges, and FITZGERALD ** , District Judge 2 MEMORANDUM *** 3 David P. Rangel brought an action of habeas corpus seeking release from imprisonment for a conviction of kidnapping for purposes of robbery in violation of California Penal Code § 209(b); of robbery in violation of id. § 211; and of unlawfully taking the vehicle of another in violation of California Vehicle Code § 10851. The district court denied his petition. We affirm. FACTS 4 The facts, as stated by the State Court of Appeal for the Fourth District in an opinion of April 16, 1984 and supplemented by Rangel's petition, are as follows: 5 On Sunday, November 21, 1982 Javier…