Court of Appeals for the Ninth Circuit February 17, 2004, No. 03-55843; D.C. No. CV-02-01273-RT(RZ) (Marks v. Lamarque)

MEMORANDUM *

Three witnesses identified petitioner as a participant in the victim’s robbery-murder. One of these witnesses further testified that petitioner ordered his accomplice to “bust on” the victim, at which point the accomplice fatally shot the victim.