Gregg Barnes v. v. Almager

MEMORANDUM

Gregg Barnes appeals the district court’s denial of habeas corpus relief on four federal constitutional claims challenging his California conviction for manufacturing methamphetamine and possessing ephedrine or pseudoephedrine with intent to manufacture methamphetamine. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253. Because the California courts did not issue a reasoned decision on Barnes’ constitutional claims, we must “perform an ‘independent review of the record’ to ascertain whether the state court decision was objectively unreasonable.” Himes v. Thompson, 336 F.3d 848, 853 (9th Cir.2003) (quoting Delgado v. Lewis, 223 F.3d 976, 982 (9th Cir.2000)). We affirm the judgment of the district court.

I

The California Supreme Court did not unreasonably apply Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), in rejecting Barnes’ claim that the prosecutor’s use of peremptory strikes violated the Equal Protection Clause. 28 U.S.C. § 2254 (d)(2). The record fairly supports the conclusion that Barnes failed to establish a prima facie case of racial discrimination. Johnson v. Finn, 665 F.3d 1063, 1071 (9th Cir.2011). As such, the Antiterrorism and…