Aburto

MEMORANDUM **

Rafael Aburto appeals the district court’s denial of his petition for a writ of habeas corpus made pursuant to 28 U.S.C. § 2254 . Because the parties are familiar with the facts, we only repeat them as necessary to understand our disposition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

Aburto’s habeas petition raises three claims: (1) juror misconduct, (2) ineffective assistance of counsel, and (3) denial of a right to a jury trial. Aburto must show the trial court’s

28 U.S.C. § 2254 (d). He is unable to make such a showing.

As to Aburto’s first claim, Supreme Court precedent holds that members of a jury may evaluate “the weight and force” of evidence already adduced based on “their own general knowledge of the subject.” Head v. Hargrave, 105 U.S. 45, 49 , 26 L.Ed. 1028 (1881). Here, where a juror voiced her experience with molestation in a crowded house as a part of the jury’s discussion about the plausibility of the victim’s molestation allegation, the state court’s finding that there was no juror misconduct was not contrary to clearly established federal law.

Aburto’s second claim is similarly unpersuasive. Aburto failed to show that the…