Roston

MEMORANDUM **

Scott Robin Roston appeals pro se the denial of his 28 U.S.C. § 2255 motion to vacate his conviction and 405-month sentence for second-degree murder, in violation of 18 U.S.C. § 1111 . We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We review de novo the district court’s grant or denial of a habeas petition. See United States v. McMullen, 98 F.3d 1155, 1156-57 (9th Cir.1996). We also review de novo a claim of ineffective assistance of counsel. Id.

Roston first contends his trial counsel was ineffective because counsel failed to object to the district court’s jury instruction on jurisdiction. To prevail on a claim of ineffective assistance of counsel, a defendant must show that counsel’s performance fell outside a wide range of reasonableness, and that he was prejudiced by that performance. See Strickland v. Washington, 466 U.S. 668, 688 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

Roston’s contention is without merit. Trial counsel stated in a sworn affidavit that he objected to the district court’s jury instruction on jurisdiction during the instruction settlement conference. Further, trial counsel stated in his affidavit that because Roston…