Monarrez

MEMORANDUM **

In May 1999, a California state court jury convicted Juan Heredia Monarrez of attempted premeditated murder of Jesus Beltran, street terrorism, and two firearms violations. Monarrez appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We affirm the district court.

Monarrez argues that his constitutional right to due process was violated by a police detective’s testimony at trial regarding Monarrez’s tattoo of a man holding a gun, and the gang-related significance of that tattoo. Monarrez argues that admission of this evidence raised a real risk that he was convicted for his lifestyle, and not for the crimes with which he was actually charged.

Under the Antiterrorism and Effective Death Penalty Act (AEDPA), a federal habeas court must defer to a state court’s resolution of a prisoner’s constitutional claims unless the state court’s decision is contrary to, or an unreasonable application of, clearly established Supreme Court precedent. See 28 U.S.C. § 2254 (d)(1); Lockyer v. Andrade, 538 U.S. 63, 71-72 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003). Because the state courts did not address this due process claim, we must “perform an…