Green

MEMORANDUM ***

David Anthony Green pled guilty to one count of felony grand theft in violation of California Penal Code § 487(a). Green is currently serving a six-year sentence for *636 the conviction. On appeal from the district court’s denial of his habeas petition, Green alleges that his guilty plea is invalid because it violates due process and was the result of ineffective assistance of counsel. We review de novo the district court’s decision to grant or deny habeas relief, see Clark v. Murphy, 331 F.3d 1062, 1067 (9th Cir.2003), and we conclude that the district court properly denied Green’s petition.

Green’s assertion regarding notice of the sentence enhancement was not raised in the district court and is not properly before us on appeal. We further note that this issue was not raised in his state habeas petition and is therefore unexhausted.

Green also challenges the voluntariness and intelligence of his guilty plea, alleging that his counsel performed so ineffectively that it deprived him of his Sixth Amendment right to counsel. This claim is unavailing because Green fads to demonstrate prejudice resulting from his counsel’s performance. Green does not allege that he…