
    Brendell LEVI, Petitioner—Appellant, v. Ernie ROE, Warden, Respondent—Appellee.
    No. 04-15440.
    D.C. No. CV-00-03506-CW.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted Dec. 8, 2004.
    Decided Jan. 24, 2005.
    Shawn Halbert, Oakland, CA, for Petitioner-Appellant.
    
      Gregory A. Ott, Amy Haddix, Attorney General, Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.
    Before KOZINSKI, W. FLETCHER, and BYBEE, Circuit Judges.
   MEMORANDUM

The appellant failed to demonstrate that the prosecutor’s exercise of peremptory challenges raised an inference of racial discrimination sufficient to establish a prima facie case for purposes of Batson v. Kentucky, 476 U.S. 79, 96-97, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In addition, the state courts’ decisions, finding that appellant failed to demonstrate a constitutional violation stemming from a juror’s recollection of the crime scene during deliberations, were neither contrary to nor unreasonable applications of clearly established federal law. See 28 U.S.C. § 2254(d).

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     