Garcia

MEMORANDUM ***

The petitioner, Manuel Alberto Garcia, was convicted in state court of first degree murder. His conviction was affirmed on direct appeal. He then filed a federal habeas petition in the district court pursuant to 28 U.S.C. § 2254 . The district court denied the petition and denied Garcia’s request for a certificate of appealability. This court issued a certificate of appealability. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

Under the Antiterrorism and Effective Death Penalty Act, to succeed on his federal habeas petition, Garcia must demonstrate that the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1); see Williams v. Taylor, 529 U.S. 362, 412-13 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). Garcia not only fails to meet this burden, he fails to demonstrate that any violation of federal law took place.

Garcia argues that the state court violated his Sixth Amendment right to present a defense and his Fourteenth Amendment right to due process by excluding expert testimony on the effect of his…