NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 01 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
JESUS ESPINOZA, No. 07-55120
Petitioner - Appellant, D.C. No. CV-05-02719-GPS
v.
MEMORANDUM *
STUART J. RYAN,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
George P. Schiavelli, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
California state prisoner Jesus Espinoza appeals from the district court’s
judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
EF/Research
pursuant to 28 U.S.C. § 2253, and we affirm.
Espinoza contends that the trial court violated his due process rights by mis-
instructing the jury regarding the elements of voluntary manslaughter. We agree
with the district court that the instructional error did not have a “substantial and
injurious effect or influence in determining the jury’s verdict.” See Brecht v.
Abrahamson, 507 U.S. 619, 623 (1993).
AFFIRMED.
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