Phillip D. McFarland v. State of Iowa

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 04-2786 ___________ Phillip D. McFarland, * * Appellant, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. State of Iowa, * * [UNPUBLISHED] Appellee. * ___________ Submitted: September 7, 2005 Filed: October 10, 2005 ___________ Before MELLOY, MAGILL, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Phillip McFarland appeals the district court’s1 denial of his 28 U.S.C. § 2254 petition. The district court granted a certificate of appealability limited to the issue whether defense counsel should have requested a jury instruction regarding the common law right to bounty hunt. We affirm for the reasons explained by the district court. See 8th Cir. R. 47B. ______________________________ 1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa.