Hiskas

*5 MEMORANDUM **

Yikola Hiskas appeals the district court’s denial of his habeas corpus petition, arguing that the jury instructions used by the state trial court impermissibly lowered the requisite burden of proof. The state court of appeal rejected this challenge and upheld his conviction. People v. Hiskas, No. A097322, 2003 WL 21018410 (Cal.App. May 6, 2003). The court of appeal’s rulings were not contrary to, and did not involve an unreasonable application of, clearly established federal law. 28 U.S.C. § 2254 (d). We affirm.

The Due Process Clause of the Fourteenth Amendment requires the prosecution to prove beyond a reasonable doubt “every fact necessary to constitute the crime with which [the defendant] is charged.” In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970). When analyzing the constitutionality of a jury instruction, the proper inquiry is whether there is a reasonable likelihood that the jury understood the instruction to allow conviction without proof beyond a reasonable doubt. Victor v. Nebraska, 511 U.S. 1, 6 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994) (citing Estelle v. McGuire, 502 U.S. 62 , 72 & n. 4, 112 S.Ct. 475 , 116 L.Ed.2d 385…