Dean Ashworth v. Eddie R. Myers

Good Law
45 F.3d 435·1994 U.S. App. LEXIS 40273
United States Court of Appeals for the Ninth CircuitDecember 27, 199417-1261California1,874 words

Opinion

Opinion

45 F.3d 435 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dean ASHWORTH, Petitioner-Appellant, v. Eddie R. MYERS, Respondent-Appellee. No. 93-17275. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 27, 1994. Before: SNEED, D.W. NELSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Dean Ashworth, a California state prisoner, appeals pro se the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 . We review de novo a district court's denial of habeas relief. Hendricks v. Zenon, 993 F.2d 664 (9th Cir.1993). We review the district court's findings of fact for clear error, and presume state court factual findings correct pursuant to 28 U.S.C. Sec. 2254 (d). Id. We affirm. 3 Ashworth was convicted, following a jury trial, of manufacture of methamphetamine and possession of precursor chemicals. The jury found him guilty of possession of a weapon and volume enhancements. Ashworth contends that…

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