John Bryant Shepherd v. Samuel Lewis

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Bryant SHEPHERD, Petitioner-Appellant, v. Samuel LEWIS, et al., Respondents-Appellees. No. 94-15348. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner John Bryant Shepherd appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions of aggravated driving under the influence (DUI) with two or more prior DUI convictions and of aggravating driving with a blood alcohol concentration of 0.10 or more with two or more prior felony convictions. Shepherd contends that the state had insufficient evidence to support his indictment and his subsequent conviction. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993), and affirm. 3 * Challenge to Indictment 4 As…