Donald B. Deshotels v. State of California James Gomez, Warden

43 F.3d 1478 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald B. DESHOTELS, Petitioner-Appellant, v. STATE OF CALIFORNIA; James Gomez, Warden, Respondents-Appellees. No. 94-55127. United States Court of Appeals, Ninth Circuit. Submitted Oct. 31, 1994. * Decided Dec. 15, 1994. Before: WIGGINS, KOZINSKI and THOMPSON, Circuit Judges. 1 MEMORANDUM ** INTRODUCTION 2 Donald B. Deshotels appeals the district court's denial of his petition for a writ of habeas corpus. The district court denied the petition in a lengthy and well-considered order. Deshotels timely filed a notice of appeal under Houston v. Lack, 487 U.S. 266 (1988). We granted a certificate of probable cause. We have jurisdiction under 28 U.S.C. Sec. 2253 . We affirm the district court's denial of the writ of habeas corpus. DISCUSSION 3 Deshotels claims that the state violated the Interstate Agreement on Detainers Act (IAD), codified at California Penal Code Sec. 1389, by not trying him within 120 days. The…