Gary L. Daily v. Ed Myers, Warden, Correctional Training Facility, Soledad

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary L. DAILY, Petitioner-Appellant, v. Ed MYERS, Warden, Correctional Training Facility, Soledad, Respondent-Appellee. No. 92-16857. United States Court of Appeals, Ninth Circuit. Submitted Sept. 2, 1993. * Decided Sept. 15, 1993. 1 Before: REAVLEY, ** PREGERSON and FERNANDEZ, Circuit Judges 2 MEMORANDUM *** 3 Gary L. Daily appeals the denial of his petition for writ of habeas corpus. We affirm. BACKGROUND FACTS 4 The day before a burglary, Daily ascertained that the victim's next door neighbor would not be home until 4:00 p.m. On the day of the burglary, Daily's van was parked in an alley between the two houses with the cargo doors open. The victim's bathroom and living room windows had been broken open and her property was in garbage bags lined up from the house toward Daily's van. Kevin Feeney arrived and noticed Daily peeking around the corner of the victim's house. Upon being confronted by Feeney, Daily…