Hasan

MEMORANDUM *

Hasan appeals from the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction and sentence for attempted murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

*559 I.

Hasan argues that the admission of the victim’s (Fontenot’s) pretrial identification violated Hasan’s due process rights. The California Court of Appeal agreed that the testimony was improperly admitted, but held the error to be harmless.

A habeas petitioner is only entitled to relief if a trial error “had substantial and injurious effect or influence in determining the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637-38 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993). Here, other witnesses identified Hasan. The prosecutor spent little time discussing Fontenot’s identification during closing argument. For the reasons stated by the district court, we hold that the state court’s finding of harmless error was not “contrary to, or involved an unreasonable application of, clearly established Federal law....” 28 U.S.C. § 2254 (d)(1).

II.

The state court also determined that Hasan’s Confrontation Clause rights were not violated by…