Cervantes

MEMORANDUM **

California state prisoner Alfredo Cervantes appeals the district court’s order dismissing with prejudice his 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

Cervantes contends that the state trial courts violated his rights under the Constitution by failing to grant his motions to disclose the identity of a confidential informant, and by failing to require the presence of the informant at the attendant in camera hearings. However, the state courts, based on the testimony of officers involved in the drug investigation, determined that the informant could not provide information favorable to Cervantes and was not a percipient witness to the offense, and Cervantes does not show how the state courts’ determination would have changed had the informant given testimony in person. On the record before us, therefore, we cannot say that the state courts’ determination was contrary to or an unreasonable application of Roviaro v. United States, 353 U.S. 53, 60-61 , 77 S.Ct. 623 , 1 L.Ed.2d 639 (1957) (holding that the Government’s privilege to withhold the identity of an informant gives way only if disclosure…