Court of Appeals for the Ninth Circuit August 21, 2003, No. 02-16373; D.C. No. CV-98-06159-OWW (Martinez v. Castro)

MEMORANDUM **

Petitioner Fernando Ruiz Martinez was convicted in state court of two counts of first-degree murder. After exhausting his state remedies, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court denied the petition, and we affirm.

The state trial court improperly instructed the jury with respect to Petitioner’s “imperfect self-defense” claim.