Herzog

MEMORANDUM **

*787 Gary Kenneth Herzog (“Herzog”) appeals from a judgment entered on September 1, 1999, by the United State District Court for the District of Oregon, dismissing his Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 . Herzog argues that he was denied his Sixth and Fourteenth Amendment rights to effective assistance of counsel as a result of his attorneys’ failure to investigate and litigate the Fourth Amendment issues presented by his case. Herzog also contends that the admission of evidence of other crimes violated his due process entitlement to a fair trial. We affirm the district court’s dismissal of this Petition for Writ of Habeas Corpus.

After an individual contacted the police with information that Herzog could be the rapist for whom police were searching, Vancouver City Police Detective Byron Harada and FBI Agent Michael Sanders made a trip to Herzog’s place of employment where they found his vehicle parked in the employee parking lot. Harada and Sanders entered the parking lot and, without entering the vehicle, visually examined its interior, noticing details which appeared to match some of the truck descriptions provided by the…