Aros

MEMORANDUM **

Armando Roberto Aros (“Aros”) appeals the district court’s denial of his petition for writ of habeas corpus filed under 28 U.S.C. § 2254 . We have jurisdiction, 28 U.S.C. § 2253 , review the district court’s denial de novo, see Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), and affirm.

The parties are familiar with the facts. We summarize only those most pertinent to our analysis. Aros was charged in state court with aggravated assault. While in pre-trial custody, Aros’ cellmate urged him to get rid of the victim and offered to put Aros in touch with people who could help. He gave Aros a phone number for “Jake,” who was supposedly a “hit man.” In fact, “Jake” was an undercover police officer. Aros contacted “Jake” and finalized plans to have the victim killed. He was charged with conspiracy to commit murder. Both charges were consolidated for trial. A jury acquitted Aros of assault, but convict *516 ed him of conspiracy. After failing to secure relief in state court, Aros filed the present petition which the district court denied. Aros raises three claims: (1) ineffective assistance of counsel; (2) prosecutorial misconduct; and (3) constitutionality of the…