Kelly

MEMORANDUM **

Gary Mandel Kelly appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 petition challenging his state conviction for possession of cocaine base for sale. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Kelly contends that the district court incorrectly found that he suffered no prejudice when the jury inadvertently discovered marijuana that no one realized was inside of a wallet introduced into evidence. He also contends the there was insufficient evidence to support his conviction.

We review de novo the dismissal of a section 2254 petition. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). In reviewing Kelly’s claims we must determine whether the state court’s decision was contrary to, or an unreasonable application of, clearly established law. 28 U.S.C. § 2254 (d); Van Tran v. Lindsey, 212 F.3d 1143,1153-54 (9th Cir.2000) (stating that state court’s decision will be overturned only where clearly erroneous).

Kelly has a federal constitutional right to an impartial jury where jurors consider only the evidence which is presented to them in open court. Turner v. Louisiana, 379 U.S. 466, 472-473 , 85 S.Ct. 546 , 13 L.Ed.2d 424…