Poor

MEMORANDUM **

Petitioner Rodney Poor appeals the denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 2253 (a), and we affirm.

*677 In 1997, state authorities arrested Poor, Michael Hardin and Tammy Luthy, after discovering a methamphetamine manufacturing operation in Hardin’s trailer and related materials in Poor’s trailer. Hardin initially accepted responsibility for the operation, but subsequently recanted and implicated Poor and Luthy. With Hardin’s counsel, Denny Forland, specially appearing for Poor’s counsel, Larry Willis, Poor waived the preliminary hearing. Willis represented Poor at all other times. Following conviction on one count of manufacturing methamphetamine, Poor directly appealed without success. The California state courts summarily denied his state habeas petition, and the district court denied his present habeas petition filed under 28 U.S.C. § 2254 . We granted a Certificate of Appealability on the issue of “whether [Poor’s] Sixth Amendment right to counsel was violated because his trial counsel had a conflict of interest.” 1 See § 2253(c)(2).

Poor contends that Forland advised him to waive the preliminary hearing in…