John G. Fairservice v. Jack McCormick Warden, Montana State Prison

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John G. FAIRSERVICE, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 93-35922. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 21, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 John G. Fairservice, a Montana state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Fairservice was convicted, following a guilty plea, of aggravated burglary. 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 Fairservice contends that the trial court improperly relied on evidence of his sexual behavior in sentencing, his guilty plea was not knowing and voluntary, and he received ineffective assistance of counsel. These contentions have no merit. Sentencing…