Eric Dewayne Mitchell, Petitioner-appellant, v. G. Smith, Respondent-appellee, 53 F.3d 339 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 53 F.3d 339 (9th Cir. 1995) Submitted April 19, 1995. *Decided April 27, 1995

Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges.

MEMORANDUM** 

Eric Dewayne Mitchell, a California state prisoner, appeals pro se the district court's dismissal of his petition for writ of habeas corpus. A jury convicted Mitchell of multiple counts of kidnapping, robbery and rape. Mitchell complains that: he should not have been sentenced for raping one of his victims on two separate occasions; the trial court failed to instruct the jury properly; his sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment.

We have jurisdiction under 28 U.S.C. § 2253, and we affirm for the reasons set forth in the district court's Memorandum and Order, which fully and fairly addresses the issues raised in this appeal.

AFFIRMED.

 *

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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