Glenn Payne v. James Rowland, Director of California Department of Corrections Robert G. Borg, Warden

66 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Glenn PAYNE, Petitioner-Appellant, v. James ROWLAND, Director of California Department of Corrections; Robert G. Borg, Warden, Respondents-Appellees. No. 94-16931. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 16, 1995. Decided Sept. 11, 1995. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Glenn Payne appeals the district court's denial of his petition for a writ of habeas corpus. We have jurisdiction, and we affirm. 3 * Payne was convicted in 1992 of kidnapping and sexually molesting two-year-old Sabrina G. Sabrina was kidnapped from her home while sleeping in her family's living room. The next morning, around the same time Sabrina's mother realized Sabrina was missing, a neighbor found Sabrina lying on the sidewalk and called police. Officer Patricia Potter was dispatched to the neighbor's home within minutes. Sabrina gave Potter a physical description of…