Flores

MEMORANDUM **

Gabriel Flores appeals from the district court’s denial of his petition for habeas corpus. We affirm.

We review the denial of a 28 U.S.C. § 2254 habeas petition de novo. Under the Antiterrorism and Effective Death Penalty Act of 1996, a petitioner can obtain habeas relief only if (1) the state court’s decision was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court, or (2) the state court’s decision was based on an unreasonable determination of the facts. 28 U.S.C. § 2254 (d)(1)—(2).

Flores contends that the trial court erroneously admitted a hearsay statement in violation of the Confrontation Clause of the Sixth Amendment. The Supreme Court recently made clear that the Confrontation Clause applies only to limit the admission of testimonial statements. See Davis v. Washington, — U.S. -, 126 S.Ct. 2266, 2274-75 , 165 L.Ed.2d 224 (2006); Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004). The statements at issue in this case were not testimonial, so the use of them at trial did not violate the Confrontation Clause. On that ground, it cannot be concluded that Flores is…