Schunn

MEMORANDUM **

John Schunn, an Arizona state prisoner, appeals pro se the denial of his habeas corpus petition under 28 U.S.C. § 2254 . He was convicted for burglary, armed robbery, sexual assault, and three counts of kidnapping. He contends that the admission at his retrial of a co-defendant’s prior trial testimony violated his Sixth Amendment right of confrontation because the co-defendant was not “unavailable.” We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

“[Hjabeas relief is warranted only where the state court’s adjudication of the merits: ‘(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceedings.’ ” Bockting v. Bayer, 505 F.3d 973, 977 (9th Cir.2007) (quoting 28 U.S.C. § 2254 (d)(l)—(2)).

“[Tjhe prosecution may introduce the prior testimony of a witness without running afoul of the Sixth Amendment, as long as two criteria are met: ‘First, the prosecutor must prove that the witness…