Louis Sanchez Rubio v. Wayne Estelle

Good Law
12 F.3d 1108·1993 WL 503262·1993 U.S. App. LEXIS 36556
United States Court of Appeals for the Ninth CircuitDecember 8, 199392-15760California1,248 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Louis Sanchez RUBIO, Petitioner-Appellant, v. Wayne ESTELLE, Respondent-Appellee. No. 92-15760. United States Court of Appeals, Ninth Circuit. Submitted Aug. 30, 1993. * Decided Dec. 8, 1993. 1 Before: D.W. NELSON, NORRIS, Circuit Judges, and BELLONI, Senior District Judge ** . 2 MEMORANDUM *** 3 Louis Sanchez Rubio appeals the district court's dismissal and denial of his Sec. 2254 petition. On September 14, 1987, Rubio was convicted of robbery in California state court. He was sentenced to 25 years imprisonment, five years for the offense, plus an additional 20 years as a result of four sentence enhancements. On direct appeal, the state court of appeal struck one of the enhancements. In his habeas petition, Rubio challenges the validity of an additional two enhancements, contending that the predicate 1974 and 1982 convictions are invalid. He argues both that he received ineffective assistance of counsel and that…

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