Darren Cleo Hayse v. George Baldwin

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darren Cleo HAYSE, Petitioner-Appellant, v. George BALDWIN, Respondent-Appellee. No. 93-35556. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 3, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Darren Cleo Hayse, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Hayse contends that there was insufficient evidence to sentence him under the Oregon Dangerous Offender Statute. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review de novo, Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991), and we vacate and remand to the district court. 3 A state prisoner's petition for habeas corpus must be dismissed if the petitioner has not exhausted available state remedies. 28 U.S.C. Sec. 2254 (b); McQuown v. McCartney, 795 F.2d 807, 809 (9th Cir.1986). The exhaustion…