Daniel Lee Guardino v. Leonard Cordoza

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel Lee GUARDINO, Petitioner-Appellant, v. Leonard CORDOZA, Respondent-Appellee. No. 91-16132. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 16, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Daniel Guardino appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 Guardino contends that he was denied due process because (1) the trial court refused to give his proposed jury instruction that the jury consider all facts regarding his prior conviction for alcohol-related reckless driving; and (2) the state failed to present at trial facts showing that Guardino consumed alcohol or drugs in connection with his prior conviction for alcohol-related reckless driving. These contentions lack merit. 4 "[T]he Due Process Clause…