Aguilar

MEMORANDUM ***

Arizona state prisoner, Petitioner-Appellant Luis P. Aguilar, appeals the district *568 court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for taking another’s property with the use of threats or force. This appeal arises from Aguilar’s claim that his constitutional right to due process and a fair trial was violated at the state trial level due to an allegedly unreliable in-court identification pursuant to Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977).

The Government asserts that Petitioner did not give the state court a fair opportunity to decide his federal due process claim because he did not present the allegedly prejudicial identification as a federal constitutional issue in the state courts. Therefore, it argues the federal issue is unexhausted and procedurally defaulted.

Procedural default notwithstanding, the Government claims that the unreliable identification claim fails because the trial court’s ruling on the issue was not an unreasonable application of federal constitutional law.

Petitioner argues that he did exhaust his state remedies because when he presented the issue of the…