Winzer

MEMORANDUM *

Our jurisdiction is limited under 28 U.S.C. § 2254 to considering whether the state court’s decisions to instruct the jury on the natural and probable consequences doctrine and to admit evidence regarding Winzer’s gang membership and the gang’s practice of “rat packing” was contrary to or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States. See 28 U.S.C. § 2254 (d). We find that these decisions did not involve such an application of federal law and therefore AFFIRM the district court’s denial of the petition for a writ of habeas corpus.

I.

To the extent Winzer argues that, as a matter of clearly established federal law, a murder can never be the natural and probable consequence of a misdemeanor, such an argument is foreclosed by our decision in Spivey v. Rocha, 194 F.3d 971, 976-77 (9th Cir.1999).

Under the specific facts and circumstances of this case, the California Court of Appeal’s decision that it was proper for the jury to be instructed regarding the natural and probable consequences doctrine was not “objectively unreasonable,” Lockyer v. Andrade, 538 U.S. 63 , 123 S.Ct. 1166, 1172 ,…