Hiracheta

MEMORANDUM **

Anthony W. Hiracheta, Jr. appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), and we affirm.

The district court did not err when it determined that the state trial court’s admission of alleged accomplice Johnny Flores’ out of court confession did not violate Petitioner’s Sixth Amendment right to confrontation. The admission of the evidence, which inculpated only Flores and not the petitioner, was not contrary to, nor an unreasonable application of clearly established federal law, as determined by the Supreme Court of the United States in Ohio v. Roberts, 448 U.S. 56, 66 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980) (holding that no Confrontation Clause violation arises from the admission of a witness’ testimony from a preliminary hearing, where witness is unavailable for trial and the testimony bore adequate “indicia of reliability”) and Lilly v. Virginia, 527 U.S. 116, 134 , 119 S.Ct. 1887 , 144 L.Ed.2d 117 (1999) (holding that accomplice confessions that “inculpate a criminal defendant are not within a firmly rooted exception to the hearsay rule as that concept has been defined…