Escobedo

MEMORANDUM ***

Efren Escobedo appeals from the district court’s denial and dismissal of his petition for habeas corpus. We affirm.

The only argument presented to us by Escobedo was not presented to the district court, so we are unable to consider it. Claims not raised before the district court in the habeas petition are not cognizable on appeal. Cacoperdo v. Demosthenes, 37 F.3d 504, 507 (9th Cir.1994). In his brief to us Escobedo argued that the trial court erred in instructing the jury by failing to define “force” accurately. In the district court Escobedo asserted that the jury instructions were deficient for a different .reason, specifically that the trial court failed to instruct the jury that the prosecution had the burden of proving beyond a reasonable doubt that Deputy Nix did not use excessive force. The argument presented to us is legally distinct from that made to the district court.

Moreover, if we could reach Escobedo’s argument, it would fail on the merits. There is no dispute that Escobedo resisted arrest with “force” under any sensible meaning of that term. Escobedo’s own brief acknowledges that he and Deputy Nix physically fought each other in “a wrestling…