Kevin Michael Taubman v. Eddie Ylst, Warden

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kevin Michael TAUBMAN, Petitioner-Appellant, v. Eddie YLST, Warden, et al., Respondent-Appellee. No. 93-15327. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1993. * Decided Oct. 14, 1993. Before: FERGUSON, THOMPSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Kevin Michael Taubman appeals the district court's denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254 . The writ challenged the sentence enhancement imposed by the Superior Court Judge pursuant to Cal.Penal Code § 667. FACTUAL AND PROCEDURAL BACKGROUND 3 In May 1987, Taubman was convicted of burglary after a bench trial before Judge Lawrence Marvin in Superior Court in Sacramento County. Judge Marvin enhanced Taubman's sentence based on Taubman's two prior convictions. The Court of Appeal, Third Appellate Division, affirmed this conviction and the California Supreme Court denied review. Taubman filed a…