Phillip D. McFarland v. State of Iowa, (8th Cir. 2005)

Docket Number: 04-2786

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United States Court of Appeals

FOR THE EIGHTH CIRCUIT

No. 04-2786

Phillip D. McFarland, Appellant, Appeal from the United States

v. District Court for the

Southern District of Iowa.

State of Iowa, [UNPUBLISHED]

Appellee.

Submitted: September 7, 2005

Filed: October 10, 2005

Before MELLOY, MAGILL, and GRUENDER, Circuit Judges.

PER CURIAM.

Phillip McFarland appeals the district court's1 denial of his 28 U.S.C. § 2254 petition. The district court granted a certificate of appealability limited to the issue whether defense counsel should have requested a jury instruction regarding the common law right to bounty hunt. We affirm for the reasons explained by the district court. See 8th Cir. R. 47B.

1The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa.