869 F2d 1499 Vela v. Borg
869 F.2d 1499
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Arthur Alonzo VELA, Petitioner-Appellant,
v.
Robert BORG, Warden, Defendant-Appellee.
No. 88-15330.
United States Court of Appeals, Ninth Circuit.
Submitted Feb. 14, 1989.*
Decided March 1, 1989.
Before WALLACE, TANG, and SCHROEDER, Circuit Judges.
ORDER
Vela appeals from the order of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. Essentially, he contends that the district court erred in failing to find ineffective assistance of counsel: that his state appellate counsel did not raise issues in his state appeal in regard to the lying in wait instruction and that his trial counsel failed to request an instruction on the presumption of driving while under the influence of alcohol. He also contends that the trial court erred in failing to give an instruction relating to driving while under the influence of alcohol.
We affirm for the reasons stated by the magistrate.
The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4