Eddie Lee Fain v. R.G. Borg

Good Law
52 F.3d 332·1995 WL 152142·1995 U.S. App. LEXIS 18746
United States Court of Appeals for the Ninth CircuitApril 6, 199594-16040California1,763 words

Opinion

Opinion

52 F.3d 332 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie Lee FAIN, Petitioner-Appellant, v. R.G. BORG, et al., Respondent-Appellee. No. 94-16040. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 6, 1995. Before: BRUNETTI, THOMPSON and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Eddie Lee Fain ("Fain") appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions for burglary. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we review de novo the district court's denial of Fain's petition. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991). We affirm. I. 3 Fain's first contention is that his Miranda rights were violated when he was arrested on September 25, 1988. He claims that because he was not informed of his Miranda rights, the statements he made at the time of his arrest should have been suppressed. The government argues that this claim is…

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