Norman Shaw, Jr. v. Lloyd F. Hames, Commissioner

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Norman SHAW, Jr., Petitioner-Appellant, v. Lloyd F. HAMES, Commissioner, Respondent-Appellee. No. 93-35995. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 17, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Norman Shaw, Jr., 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. Shaw contends that his equal protection rights were violated when the prosecutor in his trial for first degree robbery impermissibly exercised a peremptory challenge to exclude the only African-American venireperson from the jury. 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 The Equal Protection Clause prohibits the prosecution from using its peremptory challenges to strike venirepersons on the basis…