Garcia v. CDC Director

*737MEMORANDUM *

California state prisoner Martin Garcia appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition. Garcia contends the trial court’s use of a former version of California Jury Instruction (CALJIC) 2.50.01 violated his due process rights, and that evidence presented to the jury regarding a prior offense violated his rights under the Double Jeopardy Clause of the Fifth Amendment. We affirm the district court’s denial of the writ.

We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo a district court’s denial of a habeas petition. Taylor v. Maddox, 366…