Melvin Mcclintock, Petitioner-appellant, v. Janet Barbour, Corrections Dept. of the State of Washington,respondent-appellee, 45 F.3d 436 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 45 F.3d 436 (9th Cir. 1994) Submitted Dec. 19, 1994. *Decided Dec. 27, 1994

Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges.


Washington state prisoner Melvin McClintock appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus. McClintock contends his guilty plea to two counts of statutory rape was involuntary and that he received ineffective assistance of counsel during plea proceedings. He also contends that his sentence pursuant to Washington's Indeterminate Sentencing Act, Wash.Rev.Code Sec. 9.95, violates equal protection. We have jurisdiction pursuant to 28 U.S.C. §§ 1291, 2253. We review de novo a district court's denial of habeas relief. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir. 1991).

For the reasons stated in Magistrate Judge Wilson's Report and Recommendation dated February 25, 1994, which the district court adopted, we affirm the district court's denial of McClintock's claims that his guilty plea was involuntary and that he received ineffective assistance of counsel. Because McClintock raised his equal protection argument for the first time in his objections to the magistrate judge's report, we decline to address this claim on appeal.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


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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