Franklin D. Cunningham v. Tana Wood, Superintendent of Washington State Penitentiary

69 F.3d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Franklin D. CUNNINGHAM, Petitioner-Appellant, v. Tana WOOD, Superintendent of Washington State Penitentiary, Respondent-Appellee. No. 95-35396. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1995. * Decided Oct. 20, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Franklin D. Cunningham, a Washington state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his guilty plea to two counts of complicity to unlawful delivery of a controlled substance. Cunningham contends that the district court erred by denying his habeas petition without an evidentiary hearing. We review de novo. Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir.1994). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 Cunningham alleged that his guilty plea was not voluntary and intelligent because he…