Garza

MEMORANDUM **

California state prisoner Roberto Becerra Garza appeals from the judgment of the district court denying his habeas petition under 28 U.S.C. § 2254 . Garza was convicted of kidnapping for ransom or extortion and of assault with a deadly weapon, and was sentenced to a term of life without parole running consecutive to a two-year term for a weapon enhancement. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo the denial of a habeas petition, Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir.2004), and we affirm.

Garza first contends that the circumstances under which the victim identified him as his kidnapper at an in-person police lineup were constitutionally defective. We deny relief because the California Court of Appeal’s conclusion that the victim’s ultimate in-court identification of Garza as one of his kidnappers was reliable was neither contrary to nor an unreasonable application of federal law. See 28 U.S.C. § 2254 (d)(1); Neil v. Biggers, 409 U.S. 188, 200-01 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972). Furthermore, the police did not violate Garza’s right to have counsel present during the lineup. Garza had no such right because the lineup…