Hagos G. Gebreamlak v. Daniel B. Vasquez, Warden

12 F.3d 1106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hagos G. GEBREAMLAK, Plaintiff-Appellant, v. Daniel B. VASQUEZ, Warden, et al., Defendant-Appellee. No. 93-15259. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1993. * Decided Nov. 29, 1993. 1 Before: KOZINSKI and O'SCANNLAIN, Circuit Judges; KELLEHER, ** District Judge. 2 MEMORANDUM *** 3 Hagos Gebreamlak has filed a second petition for habeas corpus, asserting that his conviction for assault with a deadly weapon and his sentencing were infirm. In particular, he alleges (1) prosecutorial vindictiveness at trial, (2) failure by the trial court to order a new trial because of jury deadlock, (3) failure by the trial court to give a self-defense instruction to the jury, (4) ineffectiveness of counsel during sentencing, and (5) ineffectiveness of counsel in his state appeal. The district court dismissed Gebreamlak's petition, and he timely appealed. We have jurisdiction under 28 U.S.C. Sec. 2253 ,…