Daniel Patrick Rawlins v. Samuel Lewis

91 F.3d 154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel Patrick RAWLINS, Petitioner-Appellant, v. Samuel LEWIS, et al., Respondents-Appellees. No. 94-16210. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1996. * Decided July 29, 1996. 1 Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, Senior District Judge. ** 2 MEMORANDUM *** 3 The Appellant, Daniel Patrick Rawlins, appeals the dismissal of his second petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Rawlins argues, among other things, his first § 2254 petition was improperly dismissed on the merits, and, therefore his second petition was not an abuse of the writ under Rule 9(b) of the Rules Governing Section 2254 Cases. I. 4 On April 16, 1987, in the Maricopa County Superior Court, Arizona, Rawlins was convicted of the sale of a narcotic drug having a value of over $250.00 and one count of conspiracy to sell or offer to sell a narcotic drug having a value…