Hornback

MEMORANDUM **

Robert Hornback appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction following an Alford plea 1 of deliberate homicide in violation of Montana Code section 45-5-102(l)(b). Hornback was sentenced to 100 years in prison for deliberate homicide and 100 years in prison for being a persistent felony offender in violation of Montana Code section 46-18-501. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. 2 Because Horn-back filed his petition before the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) became effective, we apply pre-AEDPA standards and review de novo the district court’s denial of habeas relief. Alcala v. Woodford, 334 F.3d 862, 868 (9th Cir.2003). We review the district court’s factual findings for clear error; the state courts’ factual findings are presumed correct “unless they are not fairly supported by the record.” Silva v. Woodford, 279 F.3d 825, 835 (9th Cir.2002).

I

Hornback first argues that he was denied his Sixth Amendment right to effective assistance of counsel because his trial counsel failed to adequately investigate and locate possible eyewitnesses.…