Raymond Earl Rigsby v. John Avenenti, Warden

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond Earl RIGSBY, Petitioner-Appellant, v. John AVENENTI, Warden, Respondent-Appellee. No. 93-17099. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided June 20, 1994. 1 Before: WALLACE, Chief Judge, CANBY, Circuit Judge, and KELLEHER, ** District Judge. MEMORANDUM 2 Rigsby appeals from the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254 . The district court had jurisdiction pursuant to 28 U.S.C. Sec. 2241 (a). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 2253 . We review the district court's denial of Rigsby's habeas corpus petition de novo. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991). We affirm. 3 Rigsby and Tucker were charged with armed robbery. Tucker moved to sever the trials on the basis of mutually exclusive defenses and Rigsby joined the motion. The trial court ruled that the motions were…