Ray

MEMORANDUM **

William Ray, a California state prisoner, appeals the denial of his habeas petition under 28 U.S.C. § 2254 , challenging his jury trial conviction for offering to sell cocaine. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Ray seeks to overturn his conviction on the grounds that (1) the trial court prejudicially erred in failing to give a unanimity instruction sua sponte, and (2) he was denied his Sixth Amendment right to assistance of counsel because his trial counsel did not request a unanimity instruction.

Even if the trial court should have given a unanimity instruction sua sponte, we conclude that any such error was harmless, since Ray cannot show that the trial court’s omission of a unanimity instruction “had a substantial and injurious effect or influence in determining the jury’s verdict.” See Brecht v. Abrahamson, 507 U.S. 619, 637-38 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993). At trial, Officer Wilson testified that two statements were made — one by Ray and one by Edward Linithicum — either of which the jury could have considered an offer to sell cocaine. On its face, this might suggest the propriety of giving a unanimity instruction.…