Eric Saldivar v. Greg Lewis

MEMORANDUM

Eric Saldivar, a California state prisoner, appeals the district court’s order denying his 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 2258 . We review the district court’s decision to grant or deny the petition de novo, and review its factual findings for clear error. Melendez v. Pliler, 288 F.3d 1120, 1124 (9th Cir.2002).

Saldivar challenges his 2001 conviction for the murder of Alfred De La Rosa. His petition, filed after April 24, 1996, is subject to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001). Under the AEDPA standard, we may grant Saldivar’s petition only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or “resulted in a decision that was based on a unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d). We conclude that Saldivar’s claims do not meet this highly deferential standard. Therefore, we affirm.

The trial court did not…