Alberto Santos Gutierrez v. E.R. Myers, Warden

2 F.3d 1156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alberto Santos GUTIERREZ, Petitioner-Appellant, v. E.R. MYERS, Warden, Respondent-Appellee. No. 93-15289. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1993. * Decided July 8, 1993. Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Alberto Santos Gutierrez, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 petition for habeas corpus. Gutierrez was convicted for being a felon in possession of a firearm, possession of drug paraphernalia, and being present in a place where controlled substances were being used. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . We review de novo, Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991), and affirm. 3 Gutierrez contends that the trial court erred by denying his motion to suppress evidence obtained through an illegal search and seizure in violation of his Fourth Amendment…