Monzano

MEMORANDUM **

Gregorio Moreno Monzano, a California state prisoner, appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition, challenging his jury trial conviction for first degree murder for financial gain by a firearm. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo a district court’s ruling on the merits of a habeas corpus petition, Sandgathe v. Maass, 314 F.3d 371, 376 (9th Cir.2002), and we affirm.

Monzano first contends that the admission at trial of his confession violated the Fifth Amendment because he attempted to invoke his right to remain silent during the interrogation. The state trial court held a hearing on Monzano’s motion to suppress his confession, finding that no constitutional violation occurred because Monzano failed to unequivocally and unambiguously invoke his right to remain silent. The California Court of Appeal agreed. Because Monzano has failed to demonstrate that the state court’s factual findings were “an unreasonable determination of the facts in light of the evidence presented in the state court proceeding,” 28 U.S.C. § 2254 (d)(2), or that the California courts’ decisions were “contrary…