David Roman Fitch v. Robert G. Borg

996 F.2d 1224 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Roman FITCH, Petitioner-Appellant, v. Robert G. BORG, Respondent-Appellee. No. 92-16417. United States Court of Appeals, Ninth Circuit. Submitted June 16, 1993. * Decided June 18, 1993. Before GOODWIN, NORRIS and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Fitch appeals the denial of a writ of habeas corpus. He claims that his prison sentence violated his rights to due process and equal protection because: (1) he should have been placed with the California Youth Authority ("YA") rather than sentenced to prison, (2) his sentence violated the decision of the California Supreme Court in In re Culbreth, 17 Cal.3d 330 (1976), and (3) there is no rational basis to punish appellant, who committed a crime against multiple victims, more severely than a person who committed the same crime against a single victim. We affirm. 3 Appellant pleaded guilty to four counts of robbery, in violation of Cal.Pen.Code § 211.…