Birts

MEMORANDUM **

Appellant Willard Birts appeals the denial of his petition under 28 U.S.C. § 2254 for a writ of habeas corpus. We granted a certificate of appealability limited to the following issue: Whether Birts’ federal constitutional rights were violated when the state trial court allowed the state to amend the indictment after the jury was discharged to add a third prior conviction for the purposes of California’s three-strikes law.

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We review de novo the district court’s denial of Birts’ petition. Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir.2000) (en banc). Under the Antiterrorism and Effective Death Penalty Act of 1996, we may not grant federal habeas relief unless we conclude that the state court’s adjudication of the claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1); Clark v. Murphy, 331 F.3d 1062, 1068 (9th Cir.2002). The Supreme Court has stated that § 2254(d)(1) imposes a “highly deferential standard for evaluating state-court rulings.” Woodford v. Viscotti, 537 U.S. 19, 24 , 123 S.Ct. 357 , 154…