Kenneth John Falcone v. Samuel A. Lewis

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth John FALCONE, Petitioner-Appellant, v. Samuel A. LEWIS, et al., Respondents-Appellees. No. 93-17178. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided June 30, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth John Falcone, an Arizona 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. Falcone was convicted of three counts of attempted child molestation. 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 in part and remand. Background 3 Falcone pleaded guilty to three counts of attempted child molestation in two separate proceedings. In CR-89-08697, Falcone pleaded guilty to one count, and both sides stipulated to a sentence of lifetime probation. Falcone was sentenced to ten…