Weber

MEMORANDUM **

California state prisoner Weber appeals pro se from the district court’s denial of his habeas corpus petition. The district court had jurisdiction under 28 U.S.C. § 2254 , and we have jurisdiction over Weber’s timely filed appeal pursuant to 28 U.S.C. § 2253 (a). We affirm.

The district court ordered a certificate of appealability on eight issues. The first is an alleged violation of the right to a speedy trial. Weber raises the violation of state statutory requirements for holding preliminary hearings and trials. Standing alone as here, these claims are not cognizable in habeas review. Estelle v. McGuire, 502 U.S. 62, 67-68 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991).

The second issue is Weber’s contention that his right to self-representation was violated when his pro se status was revoked. However, the case on which Weber places primary reliance, Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), allows the trial judge to terminate self-representation based upon conduct such as Weber’s. Id. at 834 n. 46.

The third issue, which pertains to an evidentiary issue (spontaneous declaration or excited utterance), is not cognizable on federal…

concurring.

I concur in the result reached by Judges Wallace and Skopil. To aid those who might be interested in this disposition, a sketch of the relevant facts follows.

This case involves two separate incidents of violence committed by Roland Weber in the summer of 1994. Near the end of June, Weber hit Leslie Winters in the head several times with a baseball bat. As Winters attempted to flee, Weber told him that he was going to kill him. Several days later, Weber walked around a trailer home with a large handgun tucked in the waistband of his pants, threatened to shoot the trailer home inhabitant’s dog, and then shot two rounds in the direction of Keith Hendrix. One of the shots hit Hendrix in the leg.

In connection with the Winters incident, Weber was charged with assault with a deadly weapon by means of force likely to produce great bodily injury, and with dissuading a witness. For the Hendrix incident, Weber was also charged with assault with a firearm with a personal firearm use enhancement, and possession of a firearm. Two prior prison terms were alleged under California Penal Code § 667.5(b), and one was stricken.

Weber appeals pro se from the district court’s denial…