Ernest Lira v. Ana M. Olivarez

56 F.3d 72 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernest LIRA, Petitioner-Appellant, v. Ana M. OLIVAREZ, Respondent-Appellee. No. 94-55656. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided May 5, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Ernest Lira, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, Lira was convicted of first degree burglary with an enhancement for a prior felony conviction and sentenced to a term of eleven years imprisonment. Lira contends that the trial court's jury instruction on consciousness of guilt violated due process and the trial court relied upon an unconstitutional prior felony conviction for enhancement purposes. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir. 1994), and affirm. 3 Lira contends that…