Miles

MEMORANDUM **

California state prisoner Darrel A. Miles appeals the district court’s denial of his petition for writ of habeas corpus brought under 28 U.S.C. § 2241 , as limited by 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

Miles was convicted of first degree murder in violation of California Penal Code § 187(a), second degree burglary in violation of California Penal Code § 459, and two counts of second degree robbery in violation of California Penal Code § 211. He challenges the first conviction on the grounds of insufficient evidence and substantive due process. He challenges all convictions on the ground that the prosecutor’s use of peremptory challenges violated the Equal Protection Clause. Miles also argues that his sentence of 25 years to life violates the Eighth Amendment.

This court reviews de novo a district court’s denial of a habeas petition. Medina v. Homung, 386 F.3d 872, 876 (9th Cir.2004). The Antiterrorism & Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 104 , 110 Stat. 1214 , 1218-19, governs this court’s review of the state court’s decision. “Under AEDPA, [this court] may only disturb a state…