Martin Fong v. Charles Ryan

MEMORANDUM

Martín Raul Fong Soto (“Petitioner” or “Fong”) appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. In a separate published opinion filed concurrently herewith, we affirm the district court’s denial of the two certified claims Petitioner raises on appeal concerning prosecutorial misconduct based on the government’s alleged knowing use of Detective Joseph Godoy’s false testimony at trial and ineffective assistance of counsel based on defense counsel’s decision to call state informant Keith Woods as a trial witness.

This memorandum opinion addresses the designated “Uncertified Issues” Petitioner includes in his opening brief, which he claims also entitle him to habeas relief. We construe his inclusion and designation of these issues as a motion to expand the Certificate of Appealability (“COA”). 9th Cir. R. 22-l(e).

We deny Petitioner a COA on the following uncertified issues raised in his opening brief because he has failed to make a substantial showing of the denial of a constitutional right: 1) his claim that his rights to due process and conflict-free counsel were violated when his trial and direct appellate attorney…