Diaz

MEMORANDUM **

David Angel Diaz appeals the district court’s order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . 1 Diaz seeks to invalidate his state convictions for attempted murder, aggravated mayhem, assault by means likely to produce great bodily injury, and assault with a semiautomatic weapon. Diaz contends that the district court erred in its standard of review because the California Court of Appeal never adjudicated his Sixth Amendment claim. He also argues that the judge’s dismissal of a lone holdout juror violated his Sixth Amendment right to a jury trial. We affirm.

I.

We review the district court’s denial of a writ of habeas corpus de novo. Clark v. Murphy, 331 F.3d 1062, 1067 (9th Cir. 2003). Because Diaz’s petition was filed after April 24, 1996, the extent of review is governed by the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AED-PA”), Pub.L. No. 104-132, 110 Stat. 1214. Diaz argues that in his appeal to the California Court of Appeal, he raised two distinct claims, a Sixth Amendment claim as well as a separate California Penal Code § 1089 claim. According to Diaz, the Court of Appeal fully addressed the § 1089…