Costella

FILED

NOT FOR PUBLICATION MAR 11 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID LOUIS COSTELLA, No. 11-15896

Petitioner - Appellant, D.C. No. 4:08-cv-01010-PJH

v.

MEMORANDUM*

KENNETH CLARK, Warden;

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION,

Respondents - Appellees.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Argued and Submitted December 7, 2012 San Francisco, California

Before: TROTT and RAWLINSON, Circuit Judges, and BLOCK, Senior District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Frederic Block, Senior U.S. District Judge for the Eastern District of New York, sitting by designation. Petitioner David Louis Costella (Costella), who was convicted by a jury of

child sexual abuse, challenges the district court’s denial of his federal habeas

petition premised on ineffective assistance of counsel.

The California…