Unpublished Disposition, 902 F.2d 38 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 902 F.2d 38 (9th Cir. 1990)

Leon Douglas BOYKIN, Petitioner-Appellant,v.J.M. RATELLE, Respondent-Appellee.

No. 89-55768.

United States Court of Appeals, Ninth Circuit.

Submitted April 10, 1990.* Decided May 2, 1990.

Before JAMES R. BROWNING, NOONAN and FERNANDEZ, Circuit Judges.

MEMORANDUM** 

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.

AFFIRMED.

 *

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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