McCoy

*558 MEMORANDUM **

Michael Wayne McCoy is a federal prisoner convicted of 50 counts involving RICO, conspiracy, mail fraud, securities fraud, making false statements to a financial institution, bankruptcy fraud, and money laundering. He appeals the district court’s denial of his 28 U .S.C. § 2255 motion claiming ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 2255 . We review de novo a district court’s denial of a habeas petition. Moore v. Reno, 185 F.3d 1054, 1054 (9th Cir.1999) (per curiam), cert. denied, 528 U.S. 1178 , 120 S.Ct. 1214 , 145 L.Ed.2d 1115 (2000). We affirm.

We issued a certificate of appealability on whether McCoy’s appellate counsel was ineffective for failing to object to a two-level upward adjustment for obstruction of justice. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (requiring petitioner to show deficient performance of counsel that prejudiced the defense). The adjustment was based on McCoy’s false verbal and written statements to a California Department of Corporations (“DOC”) investigator and a DOC attorney regarding his business, in what the district court found was an…