Hernandez

MEMORANDUM **

California state prisoner Andrew Hernandez appeals the district court’s denial of his 28 U.S.C. § 2254 petition challenging his jury trial conviction for possession of cocaine and drug paraphernalia. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Because the parties are familiar with the procedure and facts of this case, we do not discuss them here. Hernandez contends that the prosecutor’s mis-characterization of a defense witnesses’ testimony consti *935 tuted prosecutorial misconduct. We disagree. Because a jury is presumed to follow a trial court’s instruction and the weight of the evidence supports the jury’s verdict, we cannot say that the prosecutor’s misstatements so infected the trial with unfairness as to make the resulting conviction a denial of due process. See Darden v. Wainwright, 477 U.S. 168, 181 , 106 S.Ct. 2464 , 91 L.Ed.2d 144 (1986).

Hernandez also contends that his trial counsel was constitutionally ineffective for failing to object to the prosecutor’s misstatements. For the same reasons we find no prosecutorial misconduct, we also find no prejudice. See Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d…