Vasquez

MEMORANDUM

Ivan Vasquez and Alberto Renteria, California state prisoners, appeal a federal district court’s order denying their petitions under 28 U.S.C. § 2254 for writs of habeas corpus. Appellants contend an opinion by the California Court of Appeal — which affirmed the San Diego Superior Court’s denial of their motion for a new trial based on alleged juror misconduct — violated Appellants’ due process rights under the Fourteenth Amendment and right to a fair trial under the Sixth Amendment.

We have jurisdiction under 28 U.S.C. §§ 1291 , 2258(c). When reviewing a district court’s denial of habeas corpus relief, we review the district court’s legal holdings de novo and its factual findings for clear error. Buckley v. Terhune, 441 F.3d 688, 694 (9th Cir.2006) (en banc). We affirm because there is no evidence in the record that an extraneous influence affected the jury deliberations. Thus, on Appellants’ motion for new trial, the trial court did not violate Appellants’ constitutional rights by excluding from evidence the declarations of two jurors addressing what happened in the jury room.

Each Appellant was convicted of two counts of assault with a deadly weapon by means of…