Nguyen

MEMORANDUM ***

Petitioner Arnold Nguyen (“Nguyen”) was convicted of second-degree murder in association with a criminal street gang under California Penal Code section 186.22(b)(1). He appeals from the district court’s denial of his petition for writ of habeas corpus. “We review a district court’s decision to grant or deny a writ of habeas corpus de novo, and the district court’s findings of fact for clear error.” Richter v. Hickman, 578 F.3d 944, 951 (9th Cir.2009) (en banc) (citations omitted). Applying the deferential standard of review mandated by the Antiterrorism and Effective Death Penalty Act (“AEDPA”), see 28 U.S.C. § 2254 (d), we affirm.

I

Nguyen alleges that his trial counsel was ineffective because he failed to investigate and develop a mental health defense at trial. This claim was summarily dismissed by all California courts, requiring that we take an “independent review of the record.” Richter, 578 F.3d at 951 (quoting Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127 (9th Cir.2006)). We employ the test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), to determine whether counsel was ineffective. “We ‘evaluate the…