Silvio Hernandez v. Wayne Estelle

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Silvio HERNANDEZ, Petitioner-Appellant, v. Wayne ESTELLE, Respondent-Appellee. No. 91-16688. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 17, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Silvio Hernandez, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for attempted residential burglary. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 Hernandez first argues that the trial court erred by denying his suppression motion. Because he had a full and fair opportunity to present his fourth amendment claims at trial and on direct appeal, he may not raise them in a federal habeas corpus petition. See Stone v. Powell, 428 U.S. 465 , 481 & n. 16, 494 (1976). 4 Hernandez next argues that the prosecutor…