Sanders

MEMORANDUM **

Nathaniel Sanders, a Washington state prisoner, appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction by jury trial for first degree assault, attempting to elude a pursuing police vehicle, and unlawful possession of a firearm. We affirm.

Whether or not the Magistrate Judge properly found sua sponte that Sanders had failed to exhaust his jury instruction *378 claim in state court and that the claim was procedurally defaulted, Sanders’ jury instruction claim fails on the merits because Sanders points to no constitutional error.

Sanders contends that the trial court violated his Sixth Amendment right to confront witnesses by not allowing him to question a key State’s witness, Kenneth Agan, concerning Agan’s prior drug activity, Agan’s relationship with gang members, and Agan’s possession of a laser sight for a gun. As noted by the state appeals court, defense counsel was allowed on cross examination to question Agan regarding his prior drug use, his involvement in the drug trade, his familiarity with guns and laser sights, and the immunity he was offered for his testimony. Only in one area, which was a collateral matter…