Dearing

MEMORANDUM *

Petitioner Charles Dearing, a Nevada state prisoner serving a term of life in prison without the possibility of parole, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

Dearing contends that the statement he gave to the Las Vegas Metropolitan Police Department should have been excluded by the trial court because he was subjected to custodial interrogation without first being administered Miranda warnings. See Miranda v. Arizona, 384 U.S. 436, 444 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). However, Dearing was not entitled to Miranda warnings because he was not in custody at the time of his *781 statement. See Berkemer v. McCarty, 468 U.S. 420, 442 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984); California v. Beheler, 463 U.S. 1121, 1125 , 103 S.Ct. 3517 , 77 L.Ed.2d 1275 (1983). The statement was properly admitted.

Dearing next asserts that the trial court excluded testimony by two child witnesses that Dearing proffered, in violation of Dearing’s due process rights. The trial court excluded these witnesses because it concluded that their testimony would have been irrelevant,…