Astorga

*285 MEMORANDUM **

Following a jury trial in Orange County Superior Court, Petitioner Edil Astorga was convicted of first degree murder and attempted first degree robbery. The jury also found that Astorga was armed with a handgun during the commission of the crimes. He was sentenced to twenty-six years to life in state prison. Astorga’s case is before us now on appeal from the district court’s denial of his federal habeas petition as untimely under 28 U.S.C. § 2244 (d)(1). The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

I

A motions panel of this court granted Astorga’s request for a Certificate of Appealability (“COA”) limited to the issue of “whether the district court erred by failing to address appellant’s equitable tolling argument.” 1 Astorga v. Terhune, No. 00-56664, at 1 (9th Cir. filed Dec. 8, 2000) (Order granting COA); see Fed. R.App. P. 22(b)(1); 9th Cir. R. 22-l(c). Regrettably, however, both parties devoted their briefing before us to arguing whether Astorga is actually entitled to equitable tolling, rather than answering the certified question. Nonetheless, Brown v. Roe, 279 F.3d 742 (9th Cir.2002), which we…