Frank Madrill Holguin v. Larry Hughes

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Madrill HOLGUIN, Petitioner-Appellant, v. Larry HUGHES, et al., Respondent-Appellee. No. 91-15423. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 16, 1992. Decided June 23, 1992. Before FLETCHER, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM * I. OVERVIEW 2 Frank Madrill Holguin appeals the district court's denial of his petition for a writ of habeas corpus. He argues he was denied his sixth amendment right to effective assistance of counsel when his trial counsel failed to locate and interview a confidential informant and failed to request a lesser-included offense instruction. Holguin also argues that he was entitled to an evidentiary hearing on his claim of ineffective assistance of counsel pursuant to 28 U.S.C. Section 2254 . We find no merit in Holguin's arguments and, thus, affirm the district court's denial of his petition. II. BACKGROUND 3 On October 26, 1983, Holguin…