Jose Santos Espinoza v. Ivalee Henry, Warden

81 F.3d 167 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Santos ESPINOZA, Petitioner-Appellant, v. Ivalee HENRY, Warden, Respondent-Appellee. No. 95-15642. United States Court of Appeals, Ninth Circuit. Submitted March 26, 1996. * Decided March 29, 1996. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Jose Santos Espinoza, a California state prisoner, appeals pro se the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Espinoza contends that: (1) evidence of an illegal search should have been suppressed at trial; (2) the charging information was constructively amended and this error prejudiced Espinoza; and (3) there was insufficient evidence to support his conviction of offering to sell cocaine. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court's denial of a petition for writ of habeas corpus, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th…