Donald Alan Box v. Otis Thurman

53 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald Alan BOX, Petitioner-Appellant, v. Otis THURMAN, Respondent-Appellee. No. 94-16666. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Donald A. Box, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Box was convicted of conspiracy to manufacture methamphetamine in violation of California Penal and Health and Safety Codes. Box contends that the state trial court should have granted him a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978), at which he could have presented testimony to test the veracity of a search warrant affidavit. 1 We have jurisdiction under 28 U.S.C. Sec. 2253 . After a de novo review, we affirm. Moran v. Godinez, 40 F.3d 1567, 1571 (9th Cir. 1994) (a district court's denial of a 28…