Jorge Montes v. Greg Lewis

MEMORANDUM

Jorge Montes, a California state prisoner, appeals the district court’s order denying his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. § § 1291 and 2253. We review de novo the district court’s order denying the petition, see Hibbler v. Benedetti, 698 F.3d 1140, 1145-46 (9th Cir.2012), and we affirm.

Montes contends that the California Court of Appeal unreasonably determined that his confession was voluntary and was not the product of the interrogating officers’ threats of familial separation and suggestions of leniency.

The California Court of Appeal’s determination that Montes’ confession was voluntary was neither contrary to nor an unreasonable application of clearly established federal law. See id. at 1146 (noting that habeas relief is only available if the state court decision is contrary to or an unreasonable application of clearly established federal law, or an unreasonable determination of facts in light of the evidence presented in the state court proceeding); see also Lego v. Twomey, 404 U.S. 477, 478 , 92 S.Ct. 619 , 30 L.Ed.2d 618 (1972) (“[O]nly voluntary confessions may be admitted at the trial ...”). The California Court of…