Wilbur Jerome Rochell v. P.L. Keerna and Attorney General for State of California

Good Law
78 F.3d 594·1996 WL 93463·1996 U.S. App. LEXIS 13733
United States Court of Appeals for the Ninth CircuitMarch 4, 199695-15641California865 words

Opinion

Opinion

78 F.3d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wilbur Jerome ROCHELL, Petitioner-Appellant, v. P.L. Keerna and Attorney General for State of California Respondents-Appellees. No. 95-15641. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 4, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Wilbur Jerome Rochell, a California state prisoner, appeals pro se the district court's denial of his petition for a writ of habeas corpus. Rochell contends that he is entitled to habeas relief because (1) Cal.Penal Code § 209(b) is unconstitutionally vague and (2) his conviction for kidnapping for the purpose of robbery in violation of Cal.Penal Code § 209(b) was not supported by sufficient evidence. Rochell also contends that he was not given enough time to file a traverse. 1 We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Martineau v. Angelone, 25 F.3d 734, 738 (9th…

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