Maurice L. Fitzgerald v. James M. Gamble, Prison Administrator

28 F.3d 105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Maurice L. FITZGERALD, Petitioner-Appellant, v. James M. GAMBLE, Prison Administrator, Respondent-Appellee. No. 93-35354. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 1994. Decided June 13, 1994. Before: WRIGHT, TANG, and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Maurice Fitzgerald appeals the district court's partial denial of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court granted Fitzgerald's petition as to Count I, but denied his claims as to Counts II, III and IV. Fitzgerald argues that he received ineffective assistance of counsel, that he was denied the constitutional right to a fair and impartial jury, and that he was denied the right to due process by the introduction of other crimes evidence. We affirm. I. 3 Whether a defendant received ineffective assistance of counsel is reviewed de novo. United States v. Swanson, 943 F.2d 1070, 1072 (9th…