James M. Dombroski v. John Sutro, Hon. Presiding Judge, Municipal Court of the State of California, County of Marin

78 F.3d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 M. DOMBROSKI, Petitioner-Appellant, v. John SUTRO, Hon. Presiding Judge, Municipal Court of the State of California, County of Marin, Respondent-Appellee. No. 95-15938. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 4, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner James Dombroski appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition, challenging his conviction for driving under the influence of alcohol. Dombroski contends that the trial court erred by (1) not permitting him to present evidence that his breath test result may have overstated his true blood-alcohol level, and (2) instructing the jury that it could infer that Dombroski was under the influence of alcohol based on the breath test result. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo,…