Juan C. Baruch v. George A. Smith, Warden Attorney General of the State of California

91 F.3d 150 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Juan C. BARUCH, Petitioner-Appellant, v. George A. SMITH, Warden; Attorney General of the State of California, Respondents-Appellees. No. 95-56099. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Juan C. Baruch, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for first degree murder with a firearm. Baruch contends that he is entitled to habeas relief because his confession, admitted during trial, was obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966). We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995), and we affirm. 1 3 On December 3, 1986, the victim was found dead of gunshot wounds. The two officers investigating…