Graham

*18 MEMORANDUM **

Petitioner Kenneth R. Graham appeals the district court’s denial of his habeas corpus petition challenging his sentence enhancement for being personally armed with a firearm under CaLPenal Code § 12022(c). A conviction under § 12022(c) requires proof that the defendant knew of the firearm’s existence and was in a position to access it for offensive or defensive use. See, e.g., People v. Mendival, 2 Cal. App.4th 562, 575 , 3 Cal.Rptr.2d 566 (1992). Graham alleges that his due process rights were violated because there was insufficient evidence to prove that he knew of the presence of firearms.

Although we review the district court’s denial of a habeas petition de novo, Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001), we must accord deference to the state court decision because Graham’s petition is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). 28 U.S.C. § 2254 (d). Under AEDPA, we may disturb a state court’s determination only if it was “contrary to” or “involved an unreasonable application of’ clearly established law as determined by the Supreme Court. Williams v. Taylor, 529 U.S. 362, 407 , 120 S.Ct. 1495 , 146 L.Ed.2d…