Nguyen

MEMORANDUM *

Petitioner Son Nguyen appeals from the denial of his Petition for Writ of Habeas Corpus. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo the denial of a habeas petition brought under 28 U.S.C. § 2254 , see Gill v. Ayers, 342 F.3d 911, 917 (9th Cir.2003), and we affirm.

1. Nguyen’s due process and fair trial rights were not violated by the admission of gang evidence at his state court trial. To obtain federal habeas relief based upon state court admission of evidence, the petitioner must show that the admission of the evidence was so prejudicial as to deny the petitioner his right to due process and a fair trial. Estelle v. McGuire, 502 U.S. 62, 72 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991). “Only if there are no permissible inferences the jury may draw from the evidence can its admission violate due process.” Jammal v. Van de Kamp, 926 F.2d 918, 920 (9th Cir.1991). In Nguyen’s case, the California Court of Appeal ruled that the gang evidence was properly admitted to show motive for the shootings and that, although the…