Hawk

MEMORANDUM **

Shawn Hawk, a California state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his conviction for first degree murder and conspiracy to commit murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Hawk first contends that the prosecutor knowingly used false testimony by putting Deborah Cremeans on the stand, because the prosecutor believed she was not completely truthful. This contention lacks merit. Hawk fails to demonstrate that the prosecutor actually knew which of Deborah Cremeans’ statements were untruthful. See United States v. Sherlock, 962 F.2d 1349, 1364 (9th Cir.1989). Moreover, the prosecutor at closing argument openly discredited the specific statements which he believed untruthful. As such, he did not knowingly use perjured testimony to gain the conviction. See United States v. Bagley, 473 U.S. 667, 678-79 , 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985).

Hawk raises several additional claims of prosecutorial misconduct, but fails to show that the prosecutor’s statements were improper, much less “so infected the trial with unfairness as to make the resulting conviction a denial of due…