Gonzalez
Gonzalez v. Carey
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Jesus Alonso Gonzalez appeals pro se the denial of his 28 U.S.C. § 2254 petition, challenging his conviction for attempted murder and kidnaping. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.
Gonzalez first contends that the prosecution permitted the victim to present false testimony to the jury when the victim, on cross-examination, denied knowledge of a plea offer in another case in exchange for his testimony against Gonzalez in the instant case. Evidence in the record, however, does not demonstrate that the prosecutor presented false testimony.
Gonzalez next contends that the prosecutor committed misconduct by vouching for the victim’s credibility, failing to correct the victim’s alleged false testimony, and referring to appellant as a “thug” in closing argument. We are not persuaded.
Gonzalez has failed to demonstrate that the prosecutor, in predicting the truthfulness of the victim’s anticipated testimony, put the prestige of the government behind the victim and provided personal assurance of his veracity. See United States v. Molina, 934…