1. Did the Ninth Circuit Court of Appeals abuse discretion or err in denying petitioner's certificate of appealability?

2. Could a reasonable jurist rule in Mr. Arzate's favor with respect to whether his 4th Amendment right to due process and a fair trial was breached by the admission of highly prejudicial evidence in a trial where there was insufficient evidence to support a gang charge?

3. Could a reasonable jurist rule in Mr. Arzate's favor with respect to whether his 14th Amendment right to a fair trial and Sixth Amendment right to an impartial jury were breached by the trial court's failure to declare a mistrial or hold a hearing on jury bias?

4. Should this court exercise its jurisdiction under 28 U.S.C. § 1257(d) and grant petitioner's request for a certificate of appealability to this court in light of United States v. Hohn, 524 U.S. 236 (1998)?

Did the Ninth Circuit Court of Appeals abuse discretion or err in denying petitioner's certificate of appealability?