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360 F. App'x 770

Newsome v. Scribner

U.S. Courts of Appeals

Decided December 23, 2009

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U.S. Courts of Appeals · decided 2009-12-23

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on California v. Green · United States v. Owens

Decided 2009-12-23

¶1 MEMORANDUM

¶2 California state prisoner Mario Arron Newsome appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

¶3 Newsome contends that the trial court violated his Sixth Amendment right to confrontation by admitting prior out-of-court statements made by five declarants who testified at trial but could not recall whether they made the prior statements. The district court correctly determined that the California Court of Appeal’s rejection of Newsome’s Sixth Amendment claims was not contrary to, and did not involve an unreasonable application of, clearly established Supreme Court law. See 28 U.S.C. § 2254(d)(1); see also United States v. Owens, 484 U.S. 554, 559-60, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988); California v. Green, 399 U.S. 149, 164, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970).

¶4 AFFIRMED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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