Unpublished Disposition, 902 F.2d 38 (9th Cir. 1990)Annotate this Case
Leon Douglas BOYKIN, Petitioner-Appellant,v.J.M. RATELLE, Respondent-Appellee.
United States Court of Appeals, Ninth Circuit.
Submitted April 10, 1990.* Decided May 2, 1990.
Before JAMES R. BROWNING, NOONAN and FERNANDEZ, Circuit Judges.
Boykin, pro se, appeals the denial of his petition for a writ of habeas corpus alleging the California trial court's violation of the state rule prohibiting the dual use of facts in sentencing denied him due process.
A mistake of state law does not constitute a due process violation absent arbitrary, discriminatory, or fundamentally unfair action. Kennick v. Superior Court, 736 F.2d 1277, 1280 (9th Cir. 1984); Cooks v. Spalding, 660 F.2d 738, 739 (9th Cir. 1981). Boykin does not allege facts indicating the California courts' application of its sentencing rules was arbitrary, discriminatory, or fundamentally unfair.