Stewart

MEMORANDUM **

Donald Kenneth Nelson appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Nelson contends that his rights to a fair trial were violated when his co-defendant, who was being tried separately, was brought into the courtroom during Nelson’s trial wearing jail clothes, handcuffed, shackled and escorted by armed guards so that he could be identified by a witness. This claim lacks merit because the in-court identification of Nelson’s co-defendant was not so inherently prejudicial as to pose a threat to Nelson’s fair trial rights, nor did it result in actual prejudice to Nelson. See Holbrook v. Flynn, 475 U.S. 560, 572 , 106 S.Ct. 1340 , 89 L.Ed.2d 525 (1986); Jones v. Meyers, 899 F.2d 883, 884 (9th Cir.1990) (stating that shackling of the defendant himself is not necessarily a violation of his constitutional rights).

Next, Nelson contends that his due process rights were violated because of prosecutorial misconduct. The claim fails because even if the prosecutor’s conduct was improper, it did not so infect the trial with unfairness as to render the resulting eon *451 viction…