Richard Potillor v. Wayne Estelle, Warden, California Men's Colony

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard POTILLOR, Petitioner-Appellant, v. Wayne ESTELLE, Warden, California Men's Colony, Respondent-Appellee. No. 93-15093. 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 Richard Potillor ("Potillor") petitions for habeas corpus, alleging ineffective assistance of counsel during his sentencing. Potillor was convicted by a California state court after entering a guilty plea for the second degree murder of his wife, Barbara Potillor. Potillor was sentenced to fifteen years imprisonment, and he alleges that his trial counsel should have sought probation. The district court, rejecting a magistrate judge's recommendation, dismissed Potillor's petition. 3 Potillor timely appealed the district court's judgment. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and we review the…