Nasrichampang

MEMORANDUM *

Somphone Nasrichampang (“Som-phone”) was convicted of first-degree murder on an aiding and abetting theory. He drove his brother, Somchit Nasrichampang (“Somchit”), to the scene of the crime, where Somchit got out of the car and twice shot the victim. We affirm the district court’s dismissal of Somphone’s § 2254 petition with prejudice.

Souk Douangmala (“Souk”), another passenger in Somphone’s car, pled guilty to a lesser offense in exchange for his cooperation. The California Court of Appeal reasonably determined that Souk’s testimony at Somphone’s trial was not coerced. See 28 U.S.C. § 2254 (d)(2). Even assuming that his pretrial statements were coercively obtained, the plea agreement required only that he tell the truth on the witness stand. “An agreement that requires a witness to testify truthfully ... is proper so long as ‘the jury is informed of the exact nature of the agreement, defense counsel is permitted to cross-examine the accomplice about the agreement, and the jury is instructed to weigh the accomplice’s testimony with care.’ ” Allen v. Woodford, 395 F.3d 979, 995 (9th Cir.2005) (quoting United States v. Yarbrough, 852 F.2d 1522, 1537 (9th Cir.1988)).…