Ramirez

MEMORANDUM *

Jesus Nunez Ramirez, a state prisoner, challenged his criminal convictions in a petition for writ of habeas corpus under 28 U.S.C. § 2254 . He contended that, among other things, the state trial court erred in admitting evidence obtained through a suggestive curbside identification. The district court denied the petition, but granted Ramirez a Certificate of Appealability on that issue. As the parties are familiar with the facts, we recount them only as necessary to explain our decision.

We review denial of a habeas petition de novo. Luna v. Cambra, 306 F.3d 954, 959-60 (9th Cir.2002). The district court may only grant a habeas petition if the state court’s determinations resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court, or was based on an unreasonable determination of the facts in light of the evidence presented in state court. 28 U.S.C. § 2254 (d). A state court acts contrary to clearly established federal law where it “unreasonably refuses to extend [Supreme Court precedent] to a new context where it should apply,” i.e., to “materially indistinguishable…