Testo completo
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
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS ESPINOZA,
Petitioner - Appellant,
v.
STUART J. RYAN,
Respondent - Appellee.
No. 07-55120
D.C. No. CV-05-02719-GPS
MEMORANDUM *
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
FILED
APR 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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EF/Research 07-55120 2
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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