Dang Minh Tran v. Manfred Maass, Superintendent, Oregon State Penitentiary

990 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dang Minh TRAN, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 92-36716. United States Court of Appeals, Ninth Circuit. Submitted Feb. 5, 1993. * Decided March 26, 1993. Before: TANG, KOZINSKI, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Dang Minh Tran appeals the district court's denial of his habeas corpus petition brought pursuant to 28 U.S.C. § 2254 . 3 Tran was convicted of robbery and burglary in Oregon and was duly sentenced. In this habeas corpus petition he does not challenge his conviction or sentence in the criminal proceedings. He does assert that his sentence should now be set aside because no motion for a Judicial Recommendation Against Deportation (JRAD) 1 was made at the time of his original sentencing. The district court found that he had procedurally defaulted and had not demonstrated cause and prejudice for the default or a…