Walter W. Austin v. Samuel A. Lewis, Director Attorney General for the State of Arizona

65 F.3d 174 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Walter W. AUSTIN, Petitioner-Appellant, v. Samuel A. LEWIS, Director; Attorney General for the State of Arizona, Respondents-Appellees. No. 94-16881. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 23, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Walter Austin, and Arizona state prisoner, appeals the district court's denial of his petition for writ of habeas corpus. Austin claims that his incarceration in 1985 was illegal because he never pleaded guilty to the crime, engaging in sexual conduct with his daughter, for which he is being punished. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we affirm. 3 Before a federal district court may consider a state prisoner's application for habeas relief, the prisoner must have exhausted, in state court, every claim raised in the federal petition. Coleman v. Thompson, 501 U.S. 722, 731 (1991). 4…