Brian Peak v. Kenneth Ducharme

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian PEAK, Petitioner-Appellant, v. Kenneth DUCHARME, Respondent-Appellee. No. 93-36070. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 29, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Washington state prisoner Brian Peak appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. In his habeas petition, Peak alleged that his confession was made in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and that police conducted an unconstitutional search of his apartment. We have jurisdiction pursuant to 28 U.S.C. Secs. 1291 , 2253. We affirm. 3 We review de novo a district court's dismissal of a 28 U.S.C. Sec. 2254 habeas corpus petition. Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992) (en banc), cert. denied, 113 S.Ct. 1818 (1993). 4 * Confession A. Waiver of Miranda Rights 5…