Owen Todd Evans v. Jack McCormick Warden, Montana State Prison

995 F.2d 231 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Owen Todd EVANS, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 92-36857. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 26, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Owen Todd Evans, a Montana state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition. Evans contends that his convictions for felony assault and aggravated burglary violated the proscription against double jeopardy. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and affirm. 3 After a jury trial, Evans was convicted of felony assault for causing bodily injury with a stun gun, felony assault for causing reasonable apprehension of serious bodily injury with a .45-caliber handgun, aggravated burglary, and automobile theft.…