James Ray Wiley v. Robert G. Borg, Attorney General

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Ray WILEY, Petitioner-Appellant, v. Robert G. BORG, Attorney General, Respondent-Appellee. No. 93-16906. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 28, 1994. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. 1 James Ray Wiley appeals the district court's denial of his petition for writ of habeas corpus. Wiley contends, first, that the Double Jeopardy Clause barred his retrial on felony-murder charges and, second, that the charging instrument alleged an offense different from the offense of conviction. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 2 We review de novo the district court's denial of a petition for a writ of habeas corpus. Taylor v. Kincheloe, 920 F.2d 599, 601 (9th Cir.1990). 3 * Facts 4 Wiley and three codefendants were tried in 1985 on charges of robbery, burglary and murder. The jury returned verdicts of guilty on the robbery…