Henry

memorandum:

California state prisoner Donald M. Johnson appeals from the district court’s denial of his § 2254 habeas petition challenging his conviction for one count of second degree murder, and four counts of attempted second degree murder. We have jurisdiction pursuant to 28 U.S.C. § 2258 , and we affirm.

In order to obtain habeas relief, Johnson must demonstrate that the state court adjudication of the merits of his claims “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” Williams v. Taylor, 529 U.S. 362, 402 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000); Van Tran v. Lindsey, 212 F.3d 1143, 1153-54 (9th Cir.) cert. denied, 531 U.S. 944 , 121 S.Ct. 340 , 148 L.Ed.2d 274 (2000) (requiring reversal only when an “independent review of the legal question ... leaves us with a firm conviction that one answer, the one rejected by the court, was correct and the other, the application of the federal law that the court adopted, was erroneous — in other words that clear error occurred”).

Johnson first contends that the application of a criminal street gang…