Lon Martin v. Kenneth Quinn

FILED

NOT FOR PUBLICATION DEC 30 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

LON MARTIN, No. 10-35974

Petitioner - Appellant, D.C. No. 3:08-cv-05344-RJB

v.

MEMORANDUM *

KENNETH QUINN,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted December 7, 2011 Seattle, Washington

Before: McKEOWN and TALLMAN, Circuit Judges, and MOSKOWITZ, District Judge.**

Lon Martin appeals the district court’s denial of his 28 U.S.C. § 2254 habeas

corpus petition challenging his jury conviction and 398-month sentence for first-

degree murder. Martin challenges the district court’s denial and also argues that

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Barry T. Moskowitz, United States District Judge for the Southern District of California, sitting by designation. the district court erred by failing to grant his request…