Jerry Mark Dow v. James Gomez

992 F.2d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry Mark DOW, Petitioner-Appellant, v. James GOMEZ, et al., Respondent-Appellee. No. 92-55749. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1993. * Decided April 27, 1993. 1 Before: NOONAN and LEAVY, Circuit Judges; and TANNER, ** District Judge. 2 MEMORANDUM *** 3 Appellant Dow was convicted of first-degree felony murder, and sentenced to 25 years to life. He appeals the district court judgment dismissing with prejudice his petition for writ of habeas corpus. We Affirm. 4 The denial of a petition for writ of habeas corpus is reviewed de novo. Nevius v. Sumner, 852 F.2d 463, 466 , (9th Cir.1988). The district court's factual findings are presumed correct unless "clearly erroneous." Carter v. McCarthy, 806 F.2d 1373, 1375 (9th Cir.1986). 5 Appellant claims that he did not receive adequate notice that he was being charged with and tried for first degree murder, since the information did not…