Gonzalez

MEMORANDUM: **

Gonzalez appeals from the district court’s order denying habeas relief. Gonzalez pled guilty to second degree murder in 1997. The district court granted a certificate of appealability on two issues, but Gonzalez pursued only one: Gonzalez seeks an evidentiary hearing on his claim that his counsel was ineffective because he “failed to properly advise him of the consequences of his plea and to effectively communicate with him and ensure that he could effectively communicate with the court.” Gonzalez is hearing and speech impaired. We have jurisdiction pursuant to 28 U.S.C. § 2258 , and we affirm.

The State correctly argues that Gonzalez failed to exhaust his present claim before the Nevada state courts. While Gonzalez did present an ineffective assistance of counsel claim to the state courts, that argument was based upon his “attorney failing] to state[ ] to the court that [Gonzalez] was mentally ill and suffered] from a lot of head pains.” This argument bears little resemblance to the current claim. The Supreme Court has held that:

Anderson v. Harless, 459 U.S. 4, 6 , 103 S.Ct. 276 , 74 L.Ed.2d 3 (1982) (citations omitted).

Under this standard, it is clear that…