Ruben Gonzales Saenz v. Charles D. Marshall

990 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ruben Gonzales SAENZ, Petitioner-Appellant, v. Charles D. MARSHALL, Respondent-Appellee. No. 92-56126. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 2, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Ruben Gonzales Saenz, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for robbery within a residence and assault with a deadly weapon. Saenz contends that his fourteenth amendment right to a fair trial was violated because a former codefendant appeared before the jury for identification while dressed in prison clothing. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991), and affirm. 3 Saenz's former codefendant was brought into the courtroom in prison clothing so…