Eric J. Holden v. State of Alaska

21 F.3d 1113 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric J. HOLDEN, Petitioner-Appellant, v. STATE OF ALASKA, Respondent-Appellee. No. 93-35790. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 13, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Eric J. Holden, 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. Holden was convicted of assault with intent to commit rape. We have jurisdiction pursuant to 28 U.S.C. Sec. 2254 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 Holden contends that his due process and equal protection rights were violated by his conviction, because the elements of assault with intent to commit rape, which carries a maximum punishment of 15 years imprisonment, are identical to the elements of attempted rape, which carries a maximum punishment of ten…