Court of Appeals for the Ninth Circuit July 28, 1998, Nos. 97-99013, 97-99014 (Coleman v. Calderon)

DAVID R. THOMPSON, Circuit Judge:

Russell Coleman is a California prisoner under sentence of death. He filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied relief from the conviction but granted relief from the sentence, because the state court jury instructions violated Hamilton v. Vasquez, 17 F.3d 1149 (9th Cir.1994).