Sutton

MEMORANDUM

Kenneth M. Sutton petitions for habeas corpus relief after being convicted of burglary and assault and receiving a 152-month sentence. His petition is subject to the Antiterrorism and Effective Death Penalty Act of 1996. See Furman v. Wood, 190 F.3d 1002, 1004 (9th Cir.1999). The district court denied Sutton’s petition. We review de novo, and affirm. See Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir.2004).

Sutton was not denied a “meaningful opportunity to present a complete defense” when the trial court refused to permit his cousin to testify. Crane v. Kentucky, 476 U.S. 683, 690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (1986). “A defendant has no right ... to present irrelevant evidence,” and the excluded testimony was not relevant because it would have established only that the victim was also assaulted by another person days after the assault for which Sutton was charged. Wood v. State of Alaska, 957 F.2d 1544, 1549 (9th Cir.1992); see also Holmes v. South Carolina, 547 U.S. 319, 326-27 , 126 S.Ct. 1727 , 164 L.Ed.2d 503 (2006).

The trial court did not violate the Double Jeopardy Clause by imposing two weapon enhancements to Sutton’s sentence based on his use of the…