James D. Benson v. Charles D. Marshall, Warden

28 F.3d 104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 D. BENSON, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-Appellee. No. 93-16520. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 8, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 James D. Benson, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 petition. Benson was convicted of the murder of a fellow inmate and was sentenced to a term of imprisonment of 37 years to life. He contends the district court erred when it denied his claims that the trial court violated (1) his right to equal protection by sustaining the prosecutor's use of peremptory challenges; (2) his due process and confrontation rights when it instructed the jury not to consider why another person involved in the crime was not also prosecuted or whether that person had been or would be prosecuted; and (3)…