Eduardo Trujillo-Garcia v. James K. Rowland

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eduardo TRUJILLO-GARCIA, Petitioner-Appellant, v. James K. ROWLAND, et al., Respondent-Appellee. No. 93-15096. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1993. * Decided Oct. 10, 1993. 1 Before: KOZINSKI and O'SCANNLAIN, Circuit Judges; GEORGE, ** District Judge. 2 MEMORANDUM *** 3 Eduardo Trujillo-Garcia timely appeals the district court's denial of his habeas petition. He argues that the state trial court violated his equal protection rights by failing to consider his cultural background as a Mexican male when it rejected his provocation defense. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. 4 * Trujillo-Garcia argues that the trial court erred in applying a reasonable person standard rather than a reasonable Mexican male standard when it rejected his provocation defense and refused to reduce his second-degree murder conviction to manslaughter. 5 * The record indicates…