Curtis v. Giurbino
Curtis v. Giurbino
Opinion of the Court
MEMORANDUM
Eric Curtis appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. He asserts that there was insufficient evidence at trial to support his state conviction under California Penal Code § 12021(a) (felon in possession of a firearm) and that the trial court erred in instructing the jury.
Curtis also claims error in the state court’s response to a question from the jury. He makes no federal constitutional claim. A simple claim that a jury instruction violated state law will not support federal habeas relief. Clark v. Brown, 450 F.3d 898, 904 (9th Cir. 2006), cert. denied, — U.S. —, 127 S.Ct. 555, 166 L.Ed.2d 423 (2006) (“Federal habeas courts ... do not grant relief, as might a state appellate court, simply because the instruction may have been deficient in comparison to the CALJIC model.” (quoting Estelle v. McGuire, 502 U.S. 62, 72, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991))).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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