Paul H. Piccot v. Charles D. Marshall, Warden

995 F.2d 232 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul H. PICCOT, Petitioner-Appellant, v. Charles D. MARSHALL, Warden Respondent-Appellee. No. 93-15067. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 7, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Paul Piccot, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. Piccot contends that he was denied due process when the sentencing judge engaged in an ex parte communication with a probation officer on the morning Piccot was sentenced. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Vermouth v. Carrothers, 827 F.2d 599 , 601 (9th Cir.1987), and affirm. 3 A defendant has a due process right to be present "at any criminal proceeding in which his presence would contribute to the proceeding's fairness or reliability." Thomas v. Goldsmith, 979 F.2d 746, 748…