James Lewis Dixie, II v. Eddie Ylst, Supt.

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Lewis DIXIE, II, Petitioner-Appellant, v. Eddie YLST, Supt., et al, Respondent-Appellee. No. 91-55215. United States Court of Appeals, Ninth Circuit. Submitted May 4, 1992. * Decided June 22, 1992. Before JAMES R. BROWNING AND FARRIS, Circuit Judges, and CAULFIELD ** District Judge, sitting by designation. MEMORANDUM *** Following a jury trial, petitioner was found guilty of second degree murder. The jury also found petitioner used a firearm during the offense. Petitioner was sentenced to the state prison for 15 years to life plus two years for the weapon allegation. Petitioner filed a petition for writ of habeas corpus in the Central District of California contending that the evidence at trial was sufficient to establish a conviction of manslaughter, but not second degree murder. Petitioner also claims that he was prejudiced with respect to various jury instructions. On December 27, 1990, the district…