Wayne L. Anduha v. Charles D. Marshall, Warden

68 F.3d 480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wayne L. ANDUHA, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-Appellee. No. 94-55187. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1995. Submission Vacated April 21, 1995. Resubmitted Aug. 24, 1995. Decided Oct. 19, 1995. Before: BROWNING, D.W. NELSON and HAWKINS, Circuit Judges. 1 MEMORANDUM * I. 2 State prisoner Wayne LaVale Anduha appeals the denial of his habeas petition. While on parole for murder from the California Youth Authority ("CYA"), Anduha was arrested, convicted, and sentenced to forty-four months for possession of an illegal weapon and cocaine. CYA recommended that the state court revoke Anduha's parole and recall and resentence him for the murder conviction. Without holding a parole revocation hearing, the state court resentenced Anduha to 27 years to life in state prison. 3 After the California Supreme Court denied Anduha's state habeas petition,…