Radke

MEMORANDUM *

Mark Radke appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his 1990 California conviction for the first degree murder of a juvenile co-worker. We have jurisdiction pursuant to 28 U.S.C. § 2253 and review the district court’s denial of the habeas petition de novo. Fernandez v. Roe, 286 F.3d 1073, 1076 (9th Cir.), cert. denied, — U.S. -, 123 S.Ct. 514 , 154 L.Ed.2d 395 (2002). We can grant relief under 28 U.S.C. § 2254 only if we find that the state court decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” 28 U.S.C. § 2254 (d)(1). We affirm because the state courts’ decisions were not an unreasonable application of clearly established law.

Because the parties are familiar with the facts, we will not recite them in this decision.

Radke argues that trial counsel was ineffective because he presented inconsistent defenses of alibi and mere presence. He also argues that counsel failed to advise Radke that his only chance of acquittal was for Radke to testify. Because the state court applied Strickland v. Washington, 466 U.S.…