Gonzalez

MEMORANDUM **

Eric Lamont Gonzalez appeals the district court’s dismissal of his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We are not persuaded that the state trial court’s admission into evidence of Gonzalez’s prior sexual offenses rendered his trial fundamentally unfair. The evidence was admitted under California Evidence Code § 1108 to show Gonzalez’s propensity to commit the charged offense. The prior rapes were factually similar to the instant attempted rape, they were not too remote in time, and the evidence of them was rehable. See United States v. LeMay III, 260 F.3d 1018, 1027-29 (9th Cir.2001). Before admitting the evidence, the trial court properly balanced the probative value of the evidence against its prejudicial impact. See id. at 1026-27 (holding analogous evidence in federal child molestation case admissible so long as the court retains discretion to exclude prejudicial evidence under Federal Rule of Evidence 403). Admission of the evidence of prior sexual assaults did not violate Gonzalez’s constitutional rights.

We also reject Gonzalez’s contention that the state…