Court of Appeals for the Ninth Circuit May 21, 2009, No. 07-56185 (Lee v. Evans)

MEMORANDUM **

California state prisoner Steven Lee appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Lee contends that the the trial court’s inclusion of extraneous documents with the written jury instructions deprived him of his constitutional right to due process.