Keith

MEMORANDUM **

Russell Daniel Keith appeals the district court’s decision to deny his petition for a writ of habeas corpus filed pursuant to 28 U .S.C. § 2254. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our disposition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

To establish a claim for ineffective assistance of counsel and thus provide grounds for federal habeas relief, Keith must show that (1) his trial counsel’s performance was deficient, and (2) the deficiency prejudiced his defense. Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Keith argues that trial counsel’s performance was deficient because he failed to file an appeal.

Trial counsel’s performance is deficient and per se prejudicial if he fails to file an appeal after a defendant specifically requests one. Roe v. Flores-Ortega, 528 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000). Reviewing the record in its entirety, we conclude that the district court did not clearly err in finding that Keith failed to sustain his burden of proving that he requested an…