Jensen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSEF MICHAEL JENSEN,  No. 04-55840 Petitioner-Appellant, v.  D.C. No.

CV-03-01110-JVS

CHERYL K. PLILER, Warden,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted February 7, 2006—Pasadena, California

Filed March 9, 2006

Before: David R. Thompson, Thomas G. Nelson, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Thompson COUNSEL

David J. Zugman, San Diego, California, for the petitioner- appellant.

Scott C. Taylor, Supervising Deputy Attorney General, San Diego, California, for the respondent-appellee.

OPINION

THOMPSON, Senior Circuit Judge:

Josef Michael Jensen appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for two counts of first degree murder and two counts of conspiracy to commit murder. Jensen contends his Sixth Amendment Confrontation Clause rights were violated when, during his state court trial, attorney Todd Rash was per-…