Durall

*115 MEMORANDUM *

Robert Durall appeals the district court’s denial of his habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. §§ 2253 and 1291, and we affirm.

Durall first contends the state court erred when it failed to apply a presumption of prejudice to his claim of improper juror contact. We assume, without deciding, that the presumption of prejudice would apply in this case. See United States v. Rutherford, 371 F.3d 634, 643 (9th Cir.2004). Because the state courts applied a contrary standard, we review de novo. Caliendo v. Warden of Cal. Men’s Colony, 365 F.3d 691, 698 (9th Cir.2004). The record convinces us the government has rebutted the presumption of prejudice. United States v. Simtob, 485 F.3d 1058, 1064 (9th Cir.2007). The trial court’s remedial measures following an evidentiary hearing rendered the improper contact harmless beyond a reasonable doubt. United States v. Dutkel, 192 F.3d 893, 899 (9th Cir.1999).

Durall next contends his counsel was ineffective because he altered an evidentiary agreement between Durall and the state without Durall’s consent. Even if counsel’s performance was deficient, Durall has failed to show prejudice arising from the…