Hernandez-Reyes

MEMORANDUM **

State prisoner Alfonso Hernandez-Reyes appeals the district court’s denial of his 28 U.S.C. § 2254 petition challenging his conviction. We review the district court’s denial of a habeas petition de novo. Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000). We affirm.

I

Hernandez-Reyes’ claim that standing trial while wearing a restraining device on his leg violated his right to due process fails for two reasons. First, a constitutional violation does not occur unless the restraint is compelled by the state. See Estelle v. Williams, 425 U.S. 501, 512 , 96 S.Ct. 1691 , 48 L.Ed.2d 126 (1976). Hernandez-Reyes’ failure to object to the restraining device negates the presence of compulsion necessary to establish a due process violation. See id. at 512-13 . Hernandez-Reyes also has failed to show that the court was even aware, much less compelled the use, of the restraint.

His claim fails on the additional ground that he has not shown that he was *918 prejudiced by wearing the device during his trial. A defendant’s restraint at trial is subject to harmless error analysis. See Castillo v. Stainer, 983 F.2d 145, 148 (9th Cir.1992). As such, we must determine whether the error…