Bayliss

FILED

NOT FOR PUBLICATION FEB 29 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICK BAYLIS, No. 09-16715

Petitioner - Appellant, D.C. No. 3:07-cv-05791-CRB

v.

MEMORANDUM*

MATTHEW CATE,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Submitted February 15, 2012** San Francisco, California

Before: THOMAS, FISHER and IKUTA, Circuit Judges.

Patrick Baylis appeals the district court’s denial of his 28 U.S.C. § 2254

habeas petition based on an alleged violation of his Sixth Amendment right to

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). counsel of his choosing. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253,

and we affirm.

1. We assume without deciding that Baylis exhausted his claims and that

his arguments…