
    Thomas A. CASTRO, Petitioner—Appellant, v. Ernest C. ROE, Warden, Respondent—Appellee.
    No. 03-55987.
    D.C. No. CV-02-1961-BTM/AJB.
    United States Court of Appeals, Ninth Circuit.
    Submitted Nov. 15, 2004.
    
    Decided Dec. 3, 2004.
    Thomas A. Castro, Vacaville, CA, pro se.
    
      Azra Feldman, Huappauge, NY, Attorney General for the State of California, Office of the California Attorney General, San Diego, CA, for Respondent.
    Before LEAVY, McKEOWN, and BERZON, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Thomas A. Castro, a California state prisoner, appeals the denial of his habeas corpus petition brought under 28 U.S.C. § 2254. He contends that California Jury Instruction 17.41.1 violated his constitutional rights. This contention is foreclosed by Brewer v. Hall, 378 F.3d 952, 957 (9th Cir.2004). Accordingly, we affirm the district court’s judgment.

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     