Michael Lee Ponce v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, Larry Wayne Key v. Hoyt C. Cupp

WALLACE, Circuit Judge:

Ponce and Key appeal from the district court’s denial of writs of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291, 2253, and affirm the district court.

I

Early one summer evening, while still light, a black four-door car stopped near Jantzen Beach, Oregon to pick up a hitchhiker. The hitchhiker, a sixteen year old high school student named Farnsworth, got in the back seat behind the driver. A German Shepherd puppy and another man sat next to the driver. In the back seat to the right of Farnsworth sprawled a third man, apparently asleep.

The driver turned around…