Donald Hamilton v. Brad Cain

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 26 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DONALD WAYNE HAMILTON, No. 21-35326

Petitioner-Appellant, D.C. No. 2:18-cv-01226-JR

v.

MEMORANDUM*

JAMIE MILLER,

Respondent-Appellee.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted April 14, 2022 Seattle, Washington

Before: HAWKINS and FORREST, Circuit Judges, and RESTANI,** Judge.

Petitioner Donald Hamilton (“Hamilton”) appeals the district court’s denial

of his 28 U.S.C § 2254 habeas corpus petition challenging his conviction for first-

degree Sexual Abuse and first-degree Sodomy. Because the parties are familiar

with the facts, we do not recount them here, except as necessary to provide context

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jane A. Restani, Judge for the United States Court of International Trade, sitting by designation. for our ruling. We…