Cassett

MEMORANDUM *

Petitioner Gary Cassett (“Cassett”) appeals the district court’s denial of his Petition for Writ of Habeas Corpus, in which he contested his convictions for child molestation and sexual conduct with a minor under age 14. We remand to the district court with directions to dismiss the petition because Cassett failed to exhaust his federal due process claim in the Arizona state courts. Because the parties are familiar with the factual and procedural history in this case, we will not recount it here.

I.

The district court erred in holding that Cassett exhausted his due process claims in state court. Under the Antiterrorism *155 and Effective Death Penalty Act (“AED-PA”), state prisoners must exhaust all available state remedies before a federal court may grant them habeas relief. 28 U.S.C. § 2254 (b)(1)(A); see also O’Sullivan v. Boerckel, 526 U.S. 838, 839 , 119 S.Ct. 1728 , 144 L.Ed.2d 1 (1999); Kelly v. Small, 300 F.3d 1159, 1161 (9th Cir.2002).

Cassett must present his federal due process claim to the state’s highest court, in this case, the Arizona Supreme Court. Reese v. Baldwin, 282 F.3d 1184, 1191 (9th Cir.2002). In his Petition for Review filed with the…