Rodney Lee Reynolds v. Robert Borg, Warden

Good Law
21 F.3d 1115·1994 WL 108035·1994 U.S. App. LEXIS 20005
United States Court of Appeals for the Ninth CircuitMarch 28, 199493-16159California896 words

Opinion

Opinion

21 F.3d 1115 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodney Lee REYNOLDS, Petitioner-Appellant, v. Robert BORG, Warden, Respondent-Appellee. No. 93-16159. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 28, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Rodney Lee Reynolds, 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. Reynolds contends that the sentence enhancement imposed by the trial court violated his due process and Eighth Amendment rights. 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 We are bound by a state court's construction of its own laws. See Brodheim v. Rowland, 993 F.2d 716, 717 (9th Cir.1993); Oxborrow v. Eikenberry, 877 F.2d 1395, 1399 (9th Cir.), cert. denied, 493 U.S. 942 (1989). Our…

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