Edward C. Hunt v. A.A. Gomez, Warden

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward C. HUNT, Petitioner-Appellant, v. A.A. GOMEZ, Warden, Respondent-Appellee. No. 92-15918. United States Court of Appeals, Ninth Circuit. Submitted Dec. 18, 1992. * Decided Jan. 5, 1993. Before HUG, PREGERSON and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Edward C. Hunt appeals pro se from the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for first degree murder. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. I. BACKGROUND 3 In his habeas petition, Hunt argued that (1) the trial court's burglary-based felony murder rule instruction with respect to intent to possess cocaine was erroneous and deprived him of due process; (2) the felony murder rule is unconstitutional as applied to this case; (3) the government's failure to preserve evidence violated his right to due process; and (4) the district court erred in determining that his…