Dobynes

MEMORANDUM *

California state prisoner Darrick Jacques Dobynes was convicted for murder by firearm in a gang-related context on the basis of the testimony of Andrew Armstead and Steven Kohn. The court admitted their testimony though Armstead disappeared before trial and Kohn left the trial before Dobynes’s counsel cross-examined him. Dobynes’s 28 U.S.C. § 2254 petition for writ of habeas corpus contends that the trial court violated his right to confrontation and his right to due process by admitting the prior testimony of Arm-stead and Kohn. The district court denied his petition for a writ of habeas corpus. We affirm.

As the parties are familiar with the facts, we recite them only as necessary. The provisions of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) apply because Dobynes’s habeas petition was filed after the act’s effective date of April 24, 1996. Rios v. Rocha, 299 F.3d 796 , 799 n. 4 (9th Cir.2002). Under AED-PA, a habeas corpus petition cannot be granted unless the state court decision was: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law” or (2) “based on an unreasonable determination of the facts in light…