
    Arthur Elvin KILLINGER, Appellant, v. State of IOWA, Appellee.
    No. 00-2655.
    United States Court of Appeals, Eighth Circuit.
    Submitted March 15, 2001.
    Filed March 21, 2001.
    
      Before RICHARD S. ARNOLD, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
   PER CURIAM.

After a baby died during an arson, Arthur Elvin Killinger was convicted of first-degree murder in violation of Iowa’s felony-murder statute. Killinger filed this habeas action arguing the trial court erroneously instructed the jury on the element of malice aforethought required for first-degree murder. Killinger did not object to the instruction at trial or raise the issue on direct appeal or in his state postconviction petition. The district court denied relief, concluding the issue is procedurally defaulted. The district court rejected Killinger’s attempts to excuse the default with ineffective assistance of state-court counsel, and actual innocence. The district court granted a certificate of appealability on the procedural default issue, and Killinger appeals. Having carefully reviewed the record, we agree with the district court’s thorough analysis and affirm for the reasons stated by the district court. See 8th Cir. R. 47B. 
      
       The Honorable Michael J. Melloy, United States District Judge for the Northern District of Iowa.
     