John D. Merrifield v. Arvon J. Arave, Warden

34 F.3d 1072 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 D. MERRIFIELD, Petitioner-Appellant, v. Arvon J. ARAVE, Warden, Respondent-Appellee. No. 93-35936. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 11, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 John D. Merrifield, an Idaho state prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his first degree murder conviction. Merrifield contends that he was denied his Sixth Amendment right to speedy disposition of his case because the trial court delayed his resentencing after the Idaho Court of Appeals vacated his sentence. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, see Henry v. Estelle, 993 F.2d 1423, 1425 (9th Cir.1993), and affirm. 3 In 1982, Merrifield was convicted for first degree murder and sentenced to twenty-five years imprisonment with a ten-year enhancement…