Larry L. Burns v. Robert G. Borg, Warden Attorney General of the State of California

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry L. BURNS, Petitioner-Appellant, v. Robert G. BORG, Warden; Attorney General of the State of California, Respondents-Appellees. No. 92-56465. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 9, 1993. 1 Before: BRUNETTI, KOZINSKI and BOGGS, ** Circuit Judges. 2 MEMORANDUM *** 3 Appellant Larry Burns appeals pro se the district court's denial of his habeas petition. We review its decision de novo. Grooms v. Keeney, 826 F.2d 883, 885 (9th Cir.1987). 4 A. Burns claims he was denied his Sixth Amendment right to confrontation because the trial court erroneously admitted the testimony of James Edwards from the trial of Burns's codefendant. But there was no confrontation issue: This evidence was offered on the issue of Edwards's credibility, not as substantive evidence. Admission of this testimony did not rise to the level of a constitutional violation. See Dutton v. Evans, 400…