Ford

MEMORANDUM **

Arizona state prisoner Richard M. Ford appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Ellis v. Armenakis, 222 F.3d 627, 630 (9th Cir.2000), and we affirm.

*922 Ford contends the district court erred when it concluded that: (1) he had not exhausted his claim that his due process rights were violated because there was insufficient evidence to convict him; and (2) there was sufficient evidence to convict him of first-degree murder.

We agree with the district court that Ford’s insufficiency of the evidence claim was unexhausted because he failed to alert the Arizona Supreme Court to the Constitutional basis of his claim. See Lyons v. Crawford, 232 F.3d 666, 668 (9th Cir.2000) (stating that petitioner must “fairly present” the substance of his claim by citing federal law or the decisions of federal courts). Nonetheless, even if Ford failed to exhaust his claim, the claim may be denied on the merits. See Clark v. Rick-etts, 958 F.2d 851, 857 (9th Cir.1991) (stating that the district court may consider the merits of an unexhausted but frivolous…