Paul Driver v. Jen Landers

MEMORANDUM

Petitioner Paul Lee Driver was convicted in Oregon state court of three counts of sexual abuse in the first degree. All three counts involved a child under the age of 14. Driver appeals from the district court’s order denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Driver’s petition is governed by the An-titerrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214. Therefore, Driver must show that the last reasoned Oregon state court decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1). We review de novo the district court’s denial of a habeas corpus petition. Ali v. Hickman, 584 F.3d 1174, 1181 (9th Cir.2009).

Driver contends that the state trial court violated his Sixth Amendment right of confrontation when it excluded extrinsic evidence of the child-victim’s prior allegations of sexual abuse. We conclude that the district court correctly determined that Driver was not entitled to habeas relief. Here, Driver does not argue that he was…