Simonton

*674 MEMORANDUM **

Paul Gilbert Simonton appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition challenging his jury conviction and sentence for aiding and abetting premeditated attempted murder pursuant to California Penal Code §§ 31, 187, and 664(a). 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.

Simonton first contends that the California Court of Appeal’s decision, holding him strictly hable for the perpetrator’s state of mind, contravened the rules of statutory construction and the California Supreme Court’s express mandate that the legislature make clear its intent that an enhanced penalty provision apply derivatively to an aider and abettor. Simonton also contends that the issue of whether an aider and abettor must share the perpetrator’s premeditation is now pending before the Supreme Court of California. See People v. Lee, 102 Cal.Rptr.2d 403 , review granted and opinion superceded by People v. Lee, 105 Cal.Rptr.2d 789 , 20 P.3d 1085 (2001). We do not address these contentions because they fail to raise a federal claim. See Estelle v. McGuire, 502 U.S.…