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POWELL v. GALAZA

No. 01-15195.

328 F.3d 558 (2003)

Michael Jerome POWELL, Petitioner-Appellant, v. George M. GALAZA, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 6, 2003.

Attorney(s) appearing for the Case

Alexandra McClure, Assistant Federal Public Defender, San Francisco, CA, for the petitioner-appellant.

John R. Vance, Jr., Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before B. FLETCHER, BOOCHEVER and FISHER, Circuit Judges.

OPINION

FISHER, Circuit Judge.

In the middle of Michael Jerome Powell's trial for failure to appear at a sentencing hearing, the trial court instructed the jury that Powell's own testimony satisfied the specific intent element of the crime. Such an instruction is impermissible under the principles of Carella v. California, 491 U.S. 263, 109 S.Ct. 2419, 105 L.Ed.2d 218 (1989), and Sandstrom v. Montana,

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