Garduno

MEMORANDUM

Nick J. Garduño appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Exercising jurisdiction under § 2253, we affirm.

Garduño was convicted in California state court of attempted murder, assault with a firearm, and inflicting corporal injury upon a spouse. On December 12, 2002, he filed a pro se habeas petition in federal court, asserting there was insufficient evidence of intent to kill. Approximately one year later, Garduño filed through counsel an amended petition advancing three new claims. The district court dismissed Gar-duno’s newly-added claims as time-barred, and rejected his sufficiency of the evidence claim on the merits.

Garduño timely appealed. This court granted a certificate of appealability (“COA”) on the questions of whether the district court properly dismissed Gardu-no’s three new claims as untimely and whether these claims are meritorious.

With respect to the issues for which we granted a COA, Garduno’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), stating that he is unable to find support for Garduno’s appeal. Garduño did not file a pro…