Court of Appeals for the Ninth Circuit December 14, 2007, No. 07-55313 (Gutierrez v. Garcia)

*942MEMORANDUM ***

Ismael Gutierrez, a California state prisoner, appeals the district court’s denial of his petition for habeas corpus filed pursuant to 28 U.S.C. § 2254. We affirm.

Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.