Trevino

*971 MEMORANDUM **

Anthony Trevino, a state prisoner, timely appeals the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . Trevino was convicted of first degree murder, conspiracy to shoot at an unoccupied vehicle, and shooting at an unoccupied vehicle in relation to a drive-by shooting. We have jurisdiction under 28 U.S.C. § 2258 and we affirm.

I.

We review the denial of a habeas petition de novo and the district court’s findings of fact for clear error. McMurtrey v. Ryan, 539 F.3d 1112, 1118 (9th Cir.2008). An ineffective assistance of counsel claim is a mixed question of law and fact that we review de novo. Lankford v. Arave, 468 F.3d 578, 583 (9th Cir.2006).

II.

Trevino claims that trial counsel provided ineffective assistance by objecting to accomplice jury instructions. Trevino was originally charged with three co-defendants: Joseph Kinsey, Robert Connelly, and Carlos Gutierrez. Kinsey pled guilty to a misdemeanor charge of shooting at a vehicle and testified for the prosecution at trial, which proceeded against the other three men.

To establish ineffective assistance, Trevino must show that counsel’s performance was deficient…