Vorce

MEMORANDUM **

Steven H. Vorce appeals the denial of his petition for a writ of habeas corpus. *306 We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm. Because the parties are familiar with the facts, we do not recount them here.

On the evidence presented, a rational jury could find that Vorce was predisposed to commit the crimes with which he was charged. 1 The letters Vorce wrote in the early part of his correspondence with the Government agent expressed his sexual interest in children without inducement, and thus supported a finding of predisposition.

Vorce’s jury instruction claim is procedurally barred because he did not fairly present a federal basis for his claim before the state courts. 3 The federal cases Vorce cited in his state court briefs did not discuss a due process violation based on erroneous jury instructions. 4 As Vorce conceded at oral argument, an independent and adequate state procedural rule 5 precludes him from now raising his procedurally defaulted claim in state court.

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…