Ramsey

MEMORANDUM **

California prisoner Terry D. Ramsey appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition challenging his conviction and sentence for selling a substance in lieu of a controlled narcotic substance in violation of California Health and Safety Code § 11355. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review the denial of a § 2254 petition de novo, Patterson v. Gomez, 223 F.3d 959, 962 (9th Cir.2000), and we affirm.

Ramsey contends that his Sixth Amendment right to self-representation was violated when the state trial court denied his request, made during jury selection, to represent himself. Although a criminal defendant has a right to self-representation, we have determined that a request to represent oneself must be timely made. See Moore v. Calderon, 108 F.3d 261, 265 (9th Cir.1997) (citing Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975)), abrogated on other grounds by Williams v. Taylor, 529 U.S. 362 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). The finding of the state appellate court that Ramsey’s request was untimely was neither contrary to, nor an unreasonable application of, Faretta. See…