Court of Appeals for the Ninth Circuit May 7, 1987, 85-3804 (George F. Allen v. Henry Risley, Warden, Montana State Prison)

BEEZER, Circuit Judge:

Petitioner George F. Allen appeals the district court’s summary dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm.

In May 1980, appellant George F. Allen was arrested on charges of sexual intercourse without consent and incest. Just before arraignment in July, the information was amended to charge sexual assault.