49 F. App'x 110

Fletcher FOXWORTH, Petitioner-Appellant, v. E. ROE, Respondent-Appellee.

No. 00-15331.

D.C. No. CV-95-20503-JW.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 7, 2002.*

Decided Oct. 10, 2002.

*111Before FERNANDEZ, GRABER, and GOULD, Circuit Judges.

MEMORANDUM **

Fletcher Foxworth appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Foxworth challenges his California convictions for bank robbery and false imprisonment. We have jurisdiction under 28 U.S.C. § 2253. We review de novo the district court’s dismissal of a habeas petition, see Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir.2000) (en banc), and we affirm.

Foxworth contends that his right to due process was violated by the trial court’s admission of his three prior bank robbery convictions for impeachment purposes. We disagree.

The trial court properly admitted Fox-worth’s prior convictions for impeachment purposes, because Foxworth put his credibility at issue by testifying that he did not commit the robbery. See United States v. Perkins, 937 F.2d 1397, 1406 (9th Cir.1991).

Moreover, by preemptively introducing the prior convictions during his direct testimony, Foxworth waived any subsequent constitutional challenge to their admission. See United States v. Williams, 939 F.2d 721, 723-24 (9th Cir.1991).

AFFIRMED.

Foxworth v. Roe
49 F. App'x 110

Case Details

Name
Foxworth v. Roe
Decision Date
Oct 10, 2002
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49 F. App'x 110

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United States

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