920 F. 2d 936 - McBroom v. Ylst
920 F2d 936 McBroom v. Ylst
920 F.2d 936
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Lemonta Renna McBROOM, Petitioner-Appellant,
v.
Eddie YLST, Warden, Respondent-Appellee.
No. 89-15747.
United States Court of Appeals, Ninth Circuit.
Submitted Oct. 31, 1990.*
Decided Dec. 17, 1990.
Before TANG, FLETCHER and ALARCON, Circuit Judges.
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MEMORANDUM**
Petitioner appeals the denial of his habeas corpus petition pursuant to 28 U.S.C. Sec. 2254 challenging the length of his prison term set by the California Board of Prison Terms (BPT) and the failure to parole him which he claims effectively denies him needed medical and psychiatric treatment. He contends that discrimination on the basis of race has caused the BPT to impose a longer sentence on him than similarly situated white defendants. He gives several examples of white defendants who received lesser sentences.
A magistrate and district court judge have each independently reviewed the record and this court has conducted an independent review. The magistrate and district court judge each concluded that the petitioner has not established that he has unmet needs for psychiatric treatment while he is in prison. We agree.
The magistrate and the district court judge each concluded further that the petitioner has not shown that his prison term was set at a higher level than that of other prisoners because of his race. We agree. The findings and recommendations of the magistrate express clearly and fully the factual basis and legal reasoning that serve as the predicate for these conclusions. They find full support in the record.
AFFIRMED.