Fairbank

Mark Raymond Drozdowski, Federal Public Defender, Los Angeles, CA, for the appellant.

Nanette Sue Winaker, Deputy Assistant Attorney General, San Francisco, CA, for the appellee.

Before: MARY M. SCHROEDER, SIDNEY R. THOMAS, and RONALD M. GOULD, Circuit Judges.

The opinion is amended as follows:

1. Page 2473, line 19 to line 23. Replace:

With:

2. Page 2477, line 10 to line 17. Replace:

With:

With these amendments, the petition for rehearing is DENIED. The petition for rehearing en banc was circulated to the judges of the court, and no judge requested a vote for en banc consideration. The petition for rehearing en banc is DENIED. No further petitions for rehearing or rehearing en banc will be entertained.

THOMAS, Circuit Judge:

Robert Green Fairbank, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his guilty plea and capital sentence for murder. Fairbank alleges trial counsel rendered ineffective assistance by: (1) failing to investigate and present mitigating evidence; (2) presenting allegedly prejudicial and aggravating information; (3) advising Fairbank to plead guilty after two days of trial;…