Michael Jay Foust v. Art Calderon, Warden Attorney General of the State of California

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Jay FOUST, Petitioner-Appellant, v. Art CALDERON, Warden; Attorney General of the State of California, Respondents-Appellees. No. 92-55313. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 7, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael Jay Foust appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for burglary, and possession with the intent to distribute a controlled substance. Pursuant to Anders v. California, 386 U.S. 738 (1967), Foust's attorney has filed a brief which identifies five possible issues for review: (1) whether the district court erred by finding that Foust's claim that he was not arraigned within forty-eight hours of his arrest was not cognizable in federal habeas proceedings; (2) whether the district court erred by finding that there was no Miranda violation;…