Salvador Roman v. James Blodgett

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Salvador ROMAN, Petitioner-Appellant, v. James BLODGETT, Respondent-Appellee. No. 92-36639. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 11, 1993. Before: BROWNING, KOZINSKI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Salvador Roman, a Washington state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for second degree felony murder. Roman contends that his conviction under Washington's felony murder statute, Wash.Rev.Code § 8A.32.050(1)(b), violates his right to equal protection and due process due to the Washington Supreme Court's rejection of the merger doctrine (which would merge his underlying assault conviction into murder thereby precluding his felony murder conviction). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court's denial of a…