Erik C. Rise v. Carl Zenon

29 F.3d 634 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Erik C. RISE, Petitioner-Appellant, v. Carl ZENON, Respondent-Appellee. No. 93-35799. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 6, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Erik Rise, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for habeas corpus, challenging the parole board's determination of his initial parole date. Rise pled guilty to murder. He contends that his plea agreement was breached. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . We review the denial of a petition for habeas corpus de novo. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991). We affirm. 3 Rise contends that the Oregon Board of Parole ("board") breached the plea agreement by failing to follow the district attorney's recommendation that he serve only ten years, and that the district attorney…