Joe Denham, Jr. v. Robert G. Borg
Opinion
Opinion
24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joe DENHAM, Jr., Petitioner-Appellant, v. Robert G. BORG, Respondent-Appellee. No. 93-15650. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1994. * Decided May 17, 1994. Before: SKOPIL, NORRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Joe Denham, Jr. appeals pro se the district court's denial of his habeas petition. He contends that (1) there is insufficient evidence to support his conviction for first degree murder; (2) the state trial court erred by admitting evidence of his drug dealing and gang membership; and (3) the trial court failed to instruct on every element of one of the crimes charged. The state argues that Denham is procedurally barred from raising the first two issues. We do not reach that argument because we agree with the district court that Denham's claims are without merit. Accordingly, we affirm. DISCUSSION 1. Insufficient Evidence 3 Denham contends that the…