Morgan

MEMORANDUM **

Richard Van Winkle appeals the district court’s denial of his petition for a writ of habeas corpus. In 1995, a jury in What-com County, Washington convicted Van Winkle of two counts of incest in the first degree and two counts of incest in the second degree. Van Winkle was sentenced to 120 months in prison.

Van Winkle was arrested in Oregon in April 1995 and waived extradition to Washington to face charges in Clark County. At this time, charges against Van *109 Winkle were also pending in Idaho and Wyoming. Van Winkle alleges that he then entered into an agreement with Clark County officials, under which he waived extradition to Idaho in exchange for the dismissal of the Clark County charges. Van Winkle further alleges that Clark County officials had told him that no other warrants were pending against him in Washington at the time this agreement was finalized. In fact, the Whatcom County prosecutor had issued a warrant naming Van Winkle on or about June 10,1995. On July 5, 1995, Van Winkle was transported from Clark County to Whatcom County Jail to stand trial on the incest charges, and he was subsequently convicted.

The district court, adopting the magistrate…