Riva

MEMORANDUM ***

Appellant Robbie James Riva was convicted by a California Superior Court jury of attempted voluntary manslaughter, assault with a firearm, and shooting at an occupied motor vehicle. He appealed, the California Court of Appeal affirmed and the California Supreme Court denied review. Riva petitioned for a writ of habeas corpus in the United States District Court for the Central District of California. The district judge denied the petition and Riva timely appealed.

This court issued a certificate of appeal-ability limited to the two following issues: (1) whether the trial court erroneously admitted incriminating statements obtained as a result of the re-initiation of questioning after Riva expressed a desire to remain silent, in violation of Michigan v. Mosley, 423 U.S. 96, 104 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975); and (2) whether the admission of a statement made by an unidentified witness violated the Confrontation Clause under Crawford v. Washington, 541 U.S. 36, 52-53 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004). We review the district court’s denial of habeas corpus de novo. Williams v. Runnels, 432 F.3d 1102, 1105 (9th Cir.2006).

Riva argues that his second…