D'Saachs

MEMORANDUM **

Dino D’Saachs appeals the denial of his 28 U.S.C. § 2254 petition. We affirm because the California Supreme Court’s determination was not contrary to, or an unreasonable application of, clearly established federal law. 28 U.S.C. § 2254 (d)(1); Lockyer v. Andrade, 538 U.S. 63, 71-72 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003). No U.S. Supreme Court decision tells a state trial court whether or when to rule on the voluntariness of a confession that the government does not plan to use in its case in chief. Cf. Luce v. United States, 469 U.S. 38, 42-43 , 105 S.Ct. 460 , 83 L.Ed.2d 443 (1984). D’Saachs could not show prejudice, regardless, for he was convicted on testimony and other evidence unrelated to his interview statements. See Arizona v. Fulminante, 499 U.S. 279, 310 , 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991); Brecht v. Abrahamson, 507 U.S. 619, 623 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993).

D’Saachs never said he intended to take the stand, made no proffer of what he *696 would have testified to had he done so, and did not ultimately testify. To the extent the statements he made to law enforcement are inculpatory (mainly, they were an exculpatory recital of the…