Anthony E. Moore v. Samuel A. Lewis, Director Attorney General of the State of Arizona

26 F.3d 131 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Anthony E. MOORE, Petitioner-Appellant, v. Samuel A. LEWIS, Director; Attorney General of the State of Arizona, Respondents-Appellees. No. 93-17098. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 1, 1994. Before: HUG, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Anthony E. Moore, an Arizona state prisoner, appeals pro se the district court's summary judgment denying his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his 1973 murder conviction. We review de novo, Robbins v. Christianson, 904 F.2d 492, 494 (9th Cir.1990), and we affirm. 3 Moore contends that the state trial court's jury instruction on the element of malice unconstitutionally shifted the burden of proof from the government to himself. He seeks application of the rule announced in Sandstrom v. Montana, 442 U.S. 510 (1979), to reverse his conviction. In Sandstrom, the Supreme Court held…