Soila Gracia v. Steve Magarian

988 F.2d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Soila GRACIA, Plaintiff-Appellant, v. Steve MAGARIAN, Defendant-Appellee. No. 92-15158. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1992. Decided Feb. 22, 1993. Appeal from the United States District Court for the Eastern District of California, No. CV-90-00350-OWW; Oliver W. Wanger District Judge, Presiding. E.D.Cal. AFFIRMED. Before WILLIAM A. NORRIS, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Defendant Soila Gracia petitions for a writ of habeas corpus, seeking release from confinement in California for the offense of second degree murder. She claims that the jury was improperly instructed on the elements of proximate cause and on foreseeability. We affirm the denial of the petition. 3 The facts of this case are unusual. Gracia went to Albert Sandoval's house with a firearm. Sandoval and Augustine Morales were there. She fired two or three shots at Sandoval, one of…