Richard Burch, Jr. v. Brian Gunn, Warden

995 F.2d 230 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard BURCH, Jr., Petitioner-Appellant, v. Brian GUNN, Warden, Respondent-Appellee. No. 92-56174. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 7, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Richard Burch, Jr., a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. Burch was convicted by jury trial of first degree murder. Burch contends that his conviction is invalid because the jury was not instructed properly. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 Burch contends that the trial court's failure to give several proposed jury instructions violated his due process rights. An allegedly improper jury instruction will merit habeas relief only if "the instruction by…