Baker

MEMORANDUM **

Christopher Leon Baker appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and request for an evidentiary hearing. Baker seeks relief from his state court conviction of a number of crimes arising out of a home invasion robbery that involved the rape of a twenty year old college student. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s denial of a habeas petition, Musladin v. Lamarque, 555 F.3d 830, 835 (9th Cir.2009), and we review for abuse of discretion the denial of a request for an evidentiary hearing, Tilcock v. Budge, 538 F.3d 1138, 1143 (9th Cir.2008). We affirm.

Baker claims that his Sixth Amendment right to effective assistance of counsel was violated because trial counsel (1) failed to arrange for DNA testing of evidence, (2) failed to retain a DNA expert to explain the prosecution’s biological evidence, (3) failed to explain why Baker ran from the police and why he had unique coins in his possession when he was arrested, and (4) otherwise failed to investigate the case. We agree with the district court’s conclusion that the state appellate court’s rejection…