Bustamante

MEMORANDUM **

Daniel Garcia Bustamante appeals the district court’s denial of his petition for habeas corpus under 28 U.S.C. § 2254 . Bustamante argues that: (1) California’s “Three Strikes” law was improperly applied; (2) trial counsel rendered ineffective assistance; and (3) the district court should have held an evidentiary hearing on his ineffective assistance of counsel claim.

Bustamante’s petition is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). We review de novo the district court’s denial of a habeas petition. Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001). The AEDPA permits relief only if the state court decision was “contrary to” or “involved an unreasonable application of’ clearly established law as determined by the Supreme Court. 28 U.S.C. § 2254 (d).

I

Bustamante says evidence fails to show he used a motor vehicle as a deadly or dangerous weapon during the commission of prior offenses. An instrument that is not a deadly or dangerous weapon by design may qualify as such under Cal.Penal Code § 1192.7(c)(23) when “it may be fairly inferred from the evidence that its possessor intended on a particular occasion to use it as…