Larry D. Jamerson v. State of California

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry D. JAMERSON, Petitioner-Appellant, v. STATE OF CALIFORNIA, Respondent-Appellee. No. 93-15617. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 22, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Larry D. Jamerson, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Jamerson challenges his conviction for assault with a deadly weapon, a violation of Cal.Penal Code Sec. 245(a)(1). We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and we review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 Jamerson contends that (1) his due process rights were violated when the prosecutor charged him with assault with a deadly weapon (a knife) following a preliminary hearing at which the magistrate determined that there was no probable…