Qualls

MEMORANDUM **

Petitioner Gary Reynolds Qualls appeals the denial of his petition for a writ of habeas corpus. Qualls was convicted in Arizona state court on two counts of child molestation and eight counts of sexual conduct with a minor under the age of fifteen for sexual acts committed against his two step-daughters.

Qualls argues that the jury instructions violated due process because the instructions used the phrase “on or about” with respect to the date of each offense, instead of the exact date, permitting the jury to convict him for uncharged conduct that occurred after the victims’ fifteenth birthdays. Qualls also challenges the indictment for failing to give adequate notice of the charges, for being both multiplicitous and duplicitous, and for exposing him to the risk of double jeopardy. Finally, Qualls contends that the failure of his trial counsel to ask for an instruction on a lesser included offense or to request an instruction on unanimity with respect to the underlying acts constituted ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm the district court’s denial of Qualls’ petition. 1

The district court’s conclusion…