Unpublished Disposition, 869 F.2d 1499 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 869 F.2d 1499 (9th Cir. 1989)

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. § 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