Kogianes

MEMORANDUM **

Michael Kogianes appeals from the district court’s denial of his 28 U.S.C. § 2254 *577 petition for a writ of habeas corpus. Kogianes alleges that during his trial for first degree murder, his trial counsel was ineffective for failing to request an instruction for lesser-ineluded offenses and for relying solely upon an insanity defense. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm the decision of the district court.

At trial, Kogianes’ counsel presented the jury with the options of finding Kogianes guilty of first degree murder or not guilty by reason of insanity. Counsel did not request that the jury be instructed on second degree murder or involuntary manslaughter. On February 9, 1994, the jury convicted Kogianes of two counts of first degree murder.

We review de novo the district court’s decision to grant or deny a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . See Luna v. Cambra, 306 F.3d 954, 959 (9th Cir.2002), as amended 311 F.3d 928 (9th Cir.2002). Under the Antiterrorism and Effective Death Penalty Act OF 1996 (“AEDPA”), we may grant habeas relief only if the state court’s decision was contrary to or an…