Kiven M. Collins v. Larry Kincheloe, Superintendent, Spring Creek Correctional Center

19 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kiven M. COLLINS, Petitioner-Appellant, v. Larry KINCHELOE, Superintendent, Spring Creek Correctional Center, Respondent-Appellee. No. 93-35860. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 10, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Kiven M. Collins, an Alaska state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Collins contends that he did not execute a knowing, intelligent, and voluntary waiver of his Miranda rights. 1 We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 The state court's determination that a defendant knowingly and intelligently waived his or her Miranda rights is a factual finding entitled to a presumption of correctness under 28 U.S.C. Sec. 2254 (d). Collazo…