Feliciano Gallegos v. Robert Borg, Warden

977 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Feliciano GALLEGOS, Petitioner-Appellant, v. Robert BORG, Warden, Respondent-Appellee. No. 91-15679. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 17, 1992. Decided Oct. 22, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 This appeal is from the district court's denial of a petition for writ of habeas corpus following a recommendation by the magistrate that the writ issue. Petitioner argues that he was denied a full and fair hearing on his motion to reduce conviction and that this error was fundamentally unfair, depriving him of a due process right. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . This court has jurisdiction over the timely appeal pursuant to 28 U.S.C. § 1291 . We affirm. BACKGROUND 3 Petitioner stabbed and killed Ildefonzo Campos after a minor altercation in a bar. On September 12, 1985, an…