Duenas

MEMORANDUM ***

Heraclio Dueñas appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . This court reviews de novo the district court’s denial of a petition for writ of habeas corpus. Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001). At Petitioner’s trial, the California state court gave jury instruction CALJIC No. 8.71, which Petitioner alleges violated his right to due process. The instruction was read to the jury as follows:

Under 28 U.S.C. § 2254 (d)(1), a state prisoner may obtain habeas relief only if the state court adjudication resulted in a decision that was “contrary to” or involved an “unreasonable application” of clearly established federal law, as determined by the Supreme Court of the United States. Williams v. Taylor, 529 U.S. 362, 402-03 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). When instruction error is alleged, the court considers whether the instruction by itself so infected the entire trial that the resulting conviction violates due process. Suniga v. Bunnell, 998 F.2d 664, 666 (9th Cir.1993).

The jury instructions in Petitioner’s state court trial correctly informed the jury that it had to reach a unanimous verdict both…