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U.S. Court of Appeals for the Ninth Circuit, 2004

Castro v. Roe

Castro v. Roe
U.S. Court of Appeals for the Ninth Circuit · Decided December 3, 2004 · Berzon, Leavy, McKeown
114 F. App'x 351

Castro v. Roe

Opinion of the Court

MEMORANDUM**

Thomas A. Castro, a California state prisoner, appeals the denial of his habeas corpus petition brought under 28 U.S.C. § 2254. He contends that California Jury Instruction 17.41.1 violated his constitutional rights. This contention is foreclosed by Brewer v. Hall, 378 F.3d 952, 957 (9th Cir. 2004). Accordingly, we affirm the district court’s judgment.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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