Newton

MEMORANDUM **

Newton appeals from the district court’s order denying habeas relief. Newton pled guilty to first degree murder in 1986 and now seeks to set aside that plea as having failed to meet the requirements of due process. The district court granted a certificate of appealability on two issues. We affirm.

Newton first challenges the failure of the state trial court to “canvass [him] regarding the elements of the offense.” Instead, the state court apparently relied upon Newton’s counsel’s providing Newton with notice of the elements of the offense. Newton does not argue that he failed to receive notice of the offense elements. The Supreme Court has held that a representation by counsel is sufficient and thus a separate inquiry by the trial court was not constitutionally required. See Henderson v. Morgan, 426 U.S. 637, 647 , 96 S.Ct. 2253 , 49 L.Ed.2d 108 (1976); Bargas v. Burns, 179 F.3d 1207, 1216 (9th Cir.1999).

Newton next argues that his guilty plea was involuntary because he was not aware that he would not be eligible for probation after pleading guilty to first degree murder. The Nevada Supreme Court made a factual finding that “[a] totality of the circumstances…