Christopher P. Fosses v. Ed L. Gates, Superintendent, Snake River Correctional Institution

Good Law
28 F.3d 105·1994 WL 201116·1994 U.S. App. LEXIS 25336
United States Court of Appeals for the Ninth CircuitMay 20, 199493-35883California949 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Christopher P. FOSSES, Petitioner-Appellant, v. Ed L. GATES, Superintendent, Snake River Correctional Institution, Respondent-Appellee. No. 93-35883. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 20, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Christopher Paul Fosses, an Oregon state prisoner, appeals the dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. This court has jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991), and we affirm. 3 Fosses was convicted of three misdemeanor charges: two counts of assault and one count of criminal mischief. The state court judge sentenced Fosses to one year imprisonment for each conviction, sentences to run consecutively. 1 Fosses filed a direct appeal to the Oregon Court of Appeals challenging the imposition of…

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