Brown

MEMORANDUM

George Hammond Brown was convicted in state court of first-degree murder and solicitation for murder with respect to the death of his ex-wife, Nancy Joyce Brown. On November 12, 1996, Mr. Brown filed a petition for a writ of habeas corpus in federal court pursuant to 28 U.S.C. § 2254 . The district court denied the petition, and Mr. Brown now appeals. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253 and, for the reasons stated below, affirm.

We review de novo the district court’s decision to deny Mr. Brown’s habeas petition. See Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001). Because Mr. Brown did not file his petition until November 12, 1996, the Antiterrorism and Effective Death Penalty Act (“AEDPA”) governs his case. Under AEDPA, we may grant habeas relief only if the state court’s decision (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” or (2) “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d).

Because the parties are familiar with the factual…