Agustin Nevarez v. Heidi M. Lackner

MEMORANDUM

Agustín Jesus Nevarez appeals the district court’s denial of his habeas petition, claiming improper closing argument by the government in his criminal trial. Under the AEDPA, this Court may reverse the district court’s decision and grant Petitioner relief only if it finds that the California Court of Appeal’s decision denying his appeal was “contrary to or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States,” or if it “resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(1) and (2). This Court reviews a district court’s denial of a writ of habeas corpus de novo. Houston v. Schomig, 533 F.3d 1076, 1079 (9th Cir.2008). Having done so, we affirm.

Petitioner was convicted of two counts, of forcible rape of two minor girls. He appealed, and his conviction was affirmed by the California Court of Appeal. This Court issued a certificate of appealability from the district court’s decision denying Petitioner’s application for a writ of habeas corpus under 28 U.S.C. § 2254 (d) as to…