Charles R. Covington v. Russell Moody, Superintendent, Wildwood Correctional Center, State of Alaska

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles R. COVINGTON, Petitioner-Appellant, v. Russell MOODY, Superintendent, Wildwood Correctional Center, State of Alaska, Respondent-Appellee. No. 93-35145. United States Court of Appeals, Ninth Circuit. Submitted Feb. 1, 1994. * Decided Feb. 3, 1994. Before: WRIGHT, REAVLEY, ** and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 The petitioner, Charles R. Covington, was convicted in the Alaska superior court of sexually abusing D.C.O. He appeals the district court's order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 . 3 Covington claims he was imprisoned unlawfully because he was deprived of his right to a unanimous jury verdict on the facts alleged in the indictment. He claims the time range set forth in each of the six counts in the indictment made it unlikely that the jury focused on the same incident within each time range when it voted to convict. 1 4 The attorney general…