Jesus ESPINOZA, Petitioner-Appellant, v. Stuart J. RYAN, Respondent-Appellee, 373 F. App'x 669

MEMORANDUM California state prisoner Jesus Espinoza appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction 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, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.