Galbraith

MEMORANDUM *

California state prisoner Jeffrey Galbraith appeals from the district court’s denial of his petition for habeas corpus. We affirm.

We review the denial of a habeas petition de novo. Lara v. Ryan, 455 F.3d 1080, 1084 (9th Cir.2006). In reviewing the merits of the petition, we apply the deferential standards of review set forth in the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Under AEDPA, a habeas petition cannot be granted unless the state court decision was: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or was (2) “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(l)-(2). A federal court must presume the correctness of the state court’s factual findings. Id. § 2254(e)(1).

Galbraith first argues that Officer Pope violated his Fifth Amendment rights by eliciting incriminating statements from him without the benefit of Miranda warnings. The state court held no warnings were necessary because the interview was not custodial. See Jackson v. Giurbino,…