Jerry Wallace Davis v. Manfred Maass, Superintendent, Oregon State Penitentiary

Good Law
26 F.3d 130·1994 WL 250001·1994 U.S. App. LEXIS 21737
United States Court of Appeals for the Ninth CircuitJune 9, 199493-36053California304 words

Opinion

Opinion

26 F.3d 130 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry Wallace DAVIS, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 93-36053. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 9, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jerry W. Davis, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 In 1990, following a jury trial, Davis was convicted of possession of a controlled substance and was sentenced to a five-year term of imprisonment. After exhausting state remedies, Davis filed his federal habeas petition, in which he claimed that the evidence presented at trial was insufficient to support his conviction. 4 In its order denying the habeas petition, the district court carefully…

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