Terhune

Ho Thai Nguyen v. Terhune

Good Law
192 F. App'x 603
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-16097California340 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Ho Thai Nguyen appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254 . Nguyen was convicted of three counts of first-degree murder and sentenced to three consecutive terms of life in prison without the possibility of parole. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo the denial of habeas relief, Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir.2004), and we affirm.

Nguyen contends that the prosecutor committed misconduct during closing argument by calling him a gang member, by suggesting that the shooting was gang-related because one of the victims was wearing a particular color of clothing, and by attributing the murders to a “gang war” between Nguyen’s gang and a rival gang. Evidence at trial indicated that those who committed an earlier shooting against a leader of Nguyen’s gang wore a particular color of clothing, that Nguyen’s gang leader believed members of a rival gang might be at fault, and that in response to the shooting of his gang leader *605 Nguyen and his codefendants purposely targeted someone wearing that same color of clothing. The prosecutor’s…

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