Richard Burgos v. M. Yarborough

MEMORANDUM

Richard Manuel Burgos appeals the district court’s denial of his petition for a writ of habeas corpus, which alleged ineffective assistance of trial and appellate counsel. Burgos, a California state prisoner, followed his trial counsel’s advice in pleading no contest to several criminal charges and sentencing enhancements, while pleading not guilty to a “strike” (under California’s “Three Strikes” law) which was later dismissed. We have jurisdiction pursuant to 28 U.S.C. § 2258 , and we affirm.

Burgos filed his federal habeas petition after April 24, 1996; thus, the Antiterrorism and Effective Death Penalty Act (“AEDPA”) governs this case. Juan H. v. Allen, 408 F.3d 1262, 1270 (9th Cir.2005). Under AEDPA, we deny a habeas corpus petition unless the state court’s adjudication of the claims resulted in a decision contrary to, or involving an unreasonable application of, “clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d) (listing other grounds for granting a habeas corpus petition). We review de novo a district court’s denial of a state prisoner’s petition for habeas relief. Juan H., 408 F.3d at 1269 n.…