Toby Joe Gutierrez v. Dan Moriarty, Warden, Attorney General of the State of New Mexico

SEYMOUR, Circuit Judge.

Toby Joe Gutierrez brought this habeas corpus action pursuant to 28 U.S.C. § 2254 (1988) challenging the constitutionality of his conviction and sentence under New Mexico law for heroin trafficking. A federal magistrate denied Gutierrez’ motion for an evidentiary hearing and issued proposed findings recommending that relief be denied. The district court adopted the recommendation and Gutierrez appeals. Gutierrez contends that: (1) the State’s failure to produce his co-defendant and a confidential informant denied his due process right to a fair trial; (2) the district…