Perez

MEMORANDUM **

California state prisoner Porfirio S. Perez appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction and sentence of 42 years to life for several offenses, including premeditated attempted murder. We have jurisdiction under 28 U.S.C. § 2253 (a). We review de novo the district court’s decision to deny a habeas petition, Wade v. Terhune, 202 F.3d 1190, 1194 (9th Cir.2000), and we affirm.

Perez first contends that his conviction and sentence should be reversed because the prosecutor engaged in the racially discriminatory use of peremptory challenges during the empaneling of his jury. See Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). After reviewing Perez’s claim de novo, see Wade, 202 F.3d at 1197 (“Because the California courts followed the ‘strong likelihood’ test of Wheeler rather than the ‘inference’ test of Batson ... we review the petitioners’ Batson claims de novo.”), we conclude that he has failed to make a prima fade showing of a Batson violation. See id. at 1198 (stating that the fact that the prosecutor challenged the only member of the racial group in question does not…