Andres Gonzalez v. Edward J. Caden

MEMORANDUM

Andres Gonzalez appeals the district court’s denial of his 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus challenging his convictions for attempted murder, shooting at an occupied motor vehicle, and six counts of assault with a firearm. He contends that trial counsel provided ineffective assistance in violation of the Sixth Amendment. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253 and affirm the district court’s order denying habeas relief.

We review the district court’s denial of a habeas petition de novo. Runningeagle v. Ryan, 686 F.3d 758, 766 (9th Cir.2012), petition for cert. filed, 81 U.S.L.W. 3429 (U.S. Nov. 15, 2012)(Nos.12894, 12A336). Findings of fact are reviewed for clear error. Brown v. Ornoski, 503 F.3d 1006, 1010 (9th Cir.2007).

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) governs our review of the petition. Under AEDPA, habeas relief may not be granted unless the state court’s adjudication of a claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or the State court’s conclusions were…