Kegel

MEMORANDUM *

John Loren Kegel appeals the district court’s denial of his habeas petition. Kegel challenges his murder conviction by guilty plea on the ground that he received *588 ineffective assistance of counsel because his attorneys failed to (1) advise him prior to the entry of his plea that the prosecution was not going to pursue the death penalty, and (2) advise him of the possibility of voluntary intoxication as a defense to first degree murder. We have jurisdiction pursuant to 28 U.S.C. § 2254 , and we affirm.

Because he pled guilty, Kegel can only raise a constitutional claim to support his assertion that his plea was not knowing and voluntary. See Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973). To prevail on this claim, Kegel must meet the requirements set out in Strickland v. Washington, 466 U.S. 668, 690 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). See Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). Kegel must establish (a) that his attorneys’ representation was outside the wide range of professionally competent assistance, and (b) that he was prejudiced by reason of his attorneys’ deficient representation.…