Tracy Douglas Smith v. James Mickey Gamble

70 F.3d 120 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tracy Douglas SMITH, Petitioner-Appellant, v. James Mickey GAMBLE, Respondent-Appellee. No. 95-35404. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1995. * Decided Nov. 9, 1995. Before: GOODWIN, PREGERSON, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Montana state prisoner Tracy Douglas Smith appeals the district court's summary judgment dismissing his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, Smith was convicted of selling 25.63 grams of marijuana and sentenced to fifty years imprisonment. Smith was sentenced to an additional ten years imprisonment for being a persistent felony offender. Smith contends that the district court erred by determining that he waived his right to counsel and that no due process violation occurred when the trial court denied Smith's request for a continuance. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . We review de novo, Sanders v.…