Valdovinos

MEMORANDUM

This memorandum is occasioned by the Supreme Court’s vacatur and remand of our prior disposition for further consideration in light of Harrington v. Richter,U.S.-, 131 S.Ct. 770 , 178 L.Ed.2d 624 (2011). Petitioner-Appellant Felix Solorio Valdovinos appeals the district court’s denial of his amended habeas corpus petition challenging his jury conviction of first degree murder. He contends that the government withheld potentially exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and that his trial eoun- sel’s performance fell below the level required under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Applying 28 U.S.C. § 2242 deference to the state court’s conclusions, we affirm the district court’s denial of the petition.

I.

The facts underlying this appeal are known to the parties and need not be repeated here. The district court denied habeas relief on March 12, 2008, and certified two issues for appeal: (1) whether the Brady violations denied Valdovinos due process; and (2) whether Valdovinos’s trial counsel provided ineffective assistance by failing to object to the…