Rico

MEMORANDUM *

Raymond Rico (“Rico”) appeals the district court’s denial of his habeas corpus petition. First, he argues that the state court action dismissing a juror and substituting an alternate after deliberations began violated his Sixth Amendment right to a fair trial. Second, he argues that his sentence of 25 years to life based upon his conviction for grand theft person is cruel and unusual punishment in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 2253, and we affirm.

We review de novo the district court’s determination to grant or deny a habeas petition for a writ of habeas corpus. Perez v. Marshall, 119 F.3d 1422, 1425-1426 (9th Cir.1997). However, the petition will only be granted if the state court decision was either: 1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States;” or 2) if the decision was “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(1)-(2). The state court’s findings of fact are presumed correct unless the petitioner can…