Cook

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL WAYNE COOK, 

Petitioner-Appellant, No. 06-99005 v. D.C. No. DORA B. SCHRIRO, Director,  CV-97-00146-PHX- Arizona Department of RCB Corrections, State Prison, OPINION Respondent-Appellee.  Appeal from the United States District Court for the District of Arizona Robert C. Broomfield, District Judge, Presiding

Argued and Submitted December 5, 2007—Portland, Oregon

Filed February 20, 2008

Before: Diarmuid F. O’Scannlain, Susan P. Graber, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan COUNSEL

Michael J. Meehan, Munger Chadwick, P.L.C., Tucson, Ari- zona, for the petitioner-appellant.

Kent E. Cattani, Chief Counsel, Capital Litigation Section, Office of the Attorney General, Phoenix, Arizona, for the respondent-appellee.

OPINION

CALLAHAN, Circuit Judge:

Petitioner Daniel Wayne Cook appeals the denial of his 28 U.S.C. § 2254 petition. Cook waived counsel and represented himself at trial through sentencing. A jury convicted him of two…