Brown

MEMORANDUM *

Travell Brown appeals the district court’s denial of his petition for habeas relief filed pursuant to 28 U.S.C. § 2254 , claiming that his conviction by jury for resisting executive officers in violation of California Penal Code § 69 was obtained in violation of his federal constitutional rights. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Brown argues that combining in a single trial his § 69 charge and his charge for battery by an inmate on a non-inmate in violation of California Penal Code § 4501.5 violated his due process rights. We disagree. Unlike the prosecutor in Bean v. Calderon, 163 F.3d 1073 (9th Cir.1998), the prosecutor here did not “virtually eoncede[]” that evidence pertaining to each charge was not cross-admissible, id. at 1086 , and he specifically argued that Brown’s acts of insubordination were characterized by a common modus operandi. Furthermore, “prejudice generally does not arise from joinder when the evidence of each crime is simple and distinct,” as it was here. Id. at 1085 . Finally, even if the evidence on each charge was not cross-admissible, and even if there may have been spillover of evidence from one charge to the…