Cooks

Cooks v. Hickman

Good Law
48 F. App'x 272
United States Court of Appeals for the Ninth CircuitOctober 15, 2002No. 02-15502; D.C. No. CV-98-00476-DFLCalifornia525 words

Opinion

Lead Opinion

MEMORANDUM **

Carroll Steven Cooks, a California state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition challenging his conviction for unlawful sale or possession of food stamps, sale or transportation of cocaine, and being an ex-felon in possession of a firearm. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review the denial of a § 2254 petition de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Cooks first contends that the jury’s use of a magnifying glass to look at photographic evidence constituted jury misconduct. This claim is unpersuasive. See United States v. Miranda, 986 F.2d 1283, 1286 (9th Cir.1993) (finding no misconduct in jury’s use of magnifying glass after trial court denied enlargements of photos).

Cooks next contends that the trial court erred by instructing the jury that it need not find intent to violate the law to convict him of unlawful sale and possession of food stamps. We find any error harmless, because no rational juror could have concluded that Cooks knowingly exchanged rock cocaine for food stamps without also concluding that he knew that such method of obtaining food stamps was…

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