Martinez

MEMORANDUM **

Petitioner Nathaniel Martinez appeals the denial of a habeas corpus petition challenging his first-degree murder conviction in state court. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm the district court’s denial of Martinez’s petition.

We review the district court’s decision to deny the habeas petition de novo. Solis v. Garcia, 219 F.3d 922, 926 (9th Cir.2000) (per curiam). We review the district court’s factual findings in support of the petition’s denial for clear error. Id.

Martinez first argues that the trial court violated due process by failing to instruct the jury on the lesser included offenses of attempted murder and involuntary manslaughter. Because the omission of such jury instructions did not create fundamental unfairness by denying Martinez adequate instructions on his alibi theory of defense, this claim is not cognizable on federal habeas review. See id. at 929-30 ; Ba shor v. Risley, 730 F.2d 1228, 1240 (9th Cir.1984).

Martinez next argues that the trial court’s failure to instruct the jury on the elements of the “target” crime (assault with a firearm) in the aiding and abetting “natural and probable consequences”…