The following excerpt is from White v. Avenetti, 967 F.2d 596 (9th Cir. 1992):
1 It is unclear whether White is additionally raising issues of ineffective assistance of counsel, improper jury instruction, and admission of improper evidence. Our reading of his brief is that the cursory reference to such claims is merely in support of his other claims. Even assuming these are issues for the panel's review, they have no merit. The ineffective counsel claim was not raised before the district court. The claim regarding the illegally seized evidence cannot be a basis for granting the writ under Stone v. Powell, 428 U.S. 465, 494 (1976), which holds that where the state has provided an opportunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at trial. Finally, we agree with the district judge that the jury instructions did not amount to constitutional error when considered in light of the totality of the circumstances.
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