Eric Dewayne Mitchell, Petitioner-appellant, v. G. Smith, Respondent-appellee, 53 F.3d 339 (9th Cir. 1995)Annotate this Case
Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges.
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.