James Boy Puffer v. Samuel A. Lewis

26 F.3d 132 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Boy PUFFER, Petitioner-Appellant, v. Samuel A. LEWIS, et al., Respondents-Appellees. No. 93-15865. United States Court of Appeals, Ninth Circuit. Submitted April 15, 1994. 1 Decided June 2, 1994. 1 Before: NORRIS AND O'SCANNLAIN, Circuit Judges; COUGHENOUR, 2 District Judge. MEMORANDUM 3 2 James Boy Puffer was convicted of second degree murder. He filed a petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 . The district court adopted the findings and recommendations of the magistrate judge and denied the writ. Puffer appeals the district court's denial of the writ. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and we affirm. I. 3 We review de novo the district court's denial of a petition for a writ of habeas corpus. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991). Because the facts are familiar to the parties, we do not restate them here. 4 Puffer first contends that the jury…