Alexander

MEMORANDUM *

Larry Alexander appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for the murder of Larry Tyler during the commission of a robbery. We affirm.

Alexander contends that the trial court’s refusal to permit impeachment of the prosecution’s chief witness with records and expert testimony regarding her psychiatric *635 condition violated his due process rights, and that the systematic exclusion of minority jurors from the Kern County jury pool violated his Sixth and Fourteenth-Amendment rights to an impartial jury drawn from a fair cross-section of the community.

Alexander’s fair cross-section claim is squarely foreclosed by circuit precedent. In Thomas v. Borg, 159 F.3d 1147 (9th Cir.1998), we held that the absence of any African-American jurors in the Kern County venire, despite statistics demonstrating that African-Americans comprised approximately five percent of the population, did not give rise to a prima facie case of systematic exclusion under the Sixth Amendment, because the absolute disparity between the two figures was only five percent. Id. at 1151 . Here, using the figures most favorable to Alexander, Hispanics…