Pham

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DUNG THE PHAM,  No. 03-17214 Petitioner-Appellant, v.  D.C. No.

CV-02-01348-PJH

C. A. TERHUNE,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Argued and Submitted September 17, 2004—San Francisco, California

Filed March 7, 2005

Before: Robert R. Beezer, William A. Fletcher, and Raymond C. Fisher, Circuit Judges.

Per Curiam Opinion

2697 2700 PHAM v. TERHUNE

COUNSEL

Cliff Gardner, San Francisco, California, for the petitioner- appellant.

Glenn R. Pruden, OFFICE OF THE CALIFORNIA ATTOR- NEY GENERAL, San Francisco, California, for the respondent-appellee.

OPINION

PER CURIAM:

Dung The Pham, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. In 1998, a jury convicted Pham and his co-defendant, Son Hoang Nguyen, of first degree murder. Pham was sentenced to a term of 29 years to life.

The State and Pham agree that Tong Nguyen was murdered by two…