Dennis Edward Butler v. John Ratel, Superintendent, R.J. Donovan Correctional Center

976 F.2d 736 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dennis Edward BUTLER, Petitioner-Appellant, v. John RATEL, Superintendent, R.J. Donovan Correctional Center, Respondent-Appellee. No. 92-55065. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 22, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Dennis E. Butler, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Butler was convicted of two counts of second degree murder and felony drunk driving. We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. Challenged Jury Instruction 3 Butler contends that the following jury instruction violated his rights to due process: 4 One who wilfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a…