Jonathan Gurule, Sr. v. Peggy L. Kernan, Warden

60 F.3d 833 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jonathan GURULE, Sr., Petitioner-Appellant, v. Peggy L. KERNAN, Warden, Respondent-Appellee. No. 94-16668. United States Court of Appeals, Ninth Circuit. Submitted June 26, 1995. * Decided July 3, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Jonathon Gurule, a state prisoner, appeals pro se the denial of his habeas corpus petition. We have jurisdiction under 28 U.S.C. Sec. 2253 and review de novo. James v. Borg, 24 F.3d 20, 24 (9th Cir.), cert. denied, 115 S. Ct. 333 (1994). We affirm. 3 Gurule first argues that his attorney rendered ineffective assistance at trial because he elicited damaging testimony from a police officer. Officer Krull identified a photograph of Laverne Gurule as the woman he saw at a hotel shortly after the shooting at the jewelry store. This does not amount to ineffective assistance. The hotel manager had already testified she saw the Gurules at the hotel…