Rodney Allen West v. Warden, Montana State Prison Attorney General of the State of Montana

65 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodney Allen WEST, Petitioner-Appellant, v. WARDEN, MONTANA STATE PRISON; Attorney General of the State of Montana, Respondents-Appellees. No. 95-3500. 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 Rodney Allen West, a Montana state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his jury conviction for felony theft of an automobile. West contends that his due process rights were violated because the state trial court's jury instructions on theft precluded the jury from reaching an unanimous verdict on a particular act constituting the offense. West also contends that his trial counsel and appellate counsel were constitutionally ineffective for failing to challenge the alleged instructional error. The district court determined that…