Court of Appeals for the Ninth Circuit August 8, 2006, 05-35588 (Clifford Lamere v. William Slaughter, Director, Department of Corrections Mike Mahoney, Warden, Montana State Prison)

WILLIAM A. FLETCHER, Circuit Judge.

Petitioner Clifford LaMere seeks a writ of habeas corpus under 28 U.S.C. § 2254. In his state court trial, LaMere unsuccessfully moved for a directed verdict of acquittal at the close of the State’s case-in-chief, as he was permitted to do under Montana law. He contends that he is entitled to habeas relief under

In re Winship,

397 U.S. 358, 90 S.Ct. 1068, 25 L.