Jay D. Johns, Jr. v. James McFadden

24 F.3d 247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jay D. JOHNS, Jr., Petitioner-Appellant, v. James McFADDEN, et al., Respondents-Appellees. No. 93-15844. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1994. * Decided May 13, 1994. Before: SCHROEDER, D.W. NELSON, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Jay D. Johns appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition, alleging that his Arizona state conviction for receiving a child pornography videotape was obtained in violation of double jeopardy, that he was entrapped, and that he received ineffective assistance of counsel. He further challenges his seventeen-year sentence as cruel and unusual punishment in violation of the Eighth Amendment. We affirm. 3 * The government placed an ad in an adult magazine, seeking inquiries from individuals with "unusual" sexual interests. Johns answered the ad, and subsequently corresponded with a pen-pal named "Cathy,"…