Solis

MEMORANDUM **

A California jury convicted Petitioner Anthony Christopher Solis of first-degree murder and second-degree robbery in violation of California Penal Code §§ 187(a) and 211, respectively. Petitioner sought federal habeas relief claiming that he received ineffective assistance of counsel when his trial attorney failed to present evidence of a confession made by Israel Guadarrama in which Guadarrama claimed to have single-handedly committed the crimes for which Petitioner was convicted. The district court denied the petition. We review de novo a district court’s order to deny a petition for writ of habeas corpus. Leavitt v. Arave, 383 F.3d 809, 815 (9th Cir.2004) (per curiam), cert. denied, — U.S.-, 125 S.Ct. 2540 , 162 L.Ed.2d 277 (2005). We affirm.

Guadarrama made his alleged confession to a defense investigator after Guadarrama fled the United States for Mexico. Petitioner submitted a transcript of the interview, but did not provide the court with any sworn statement by Guadarrama.

Petitioner failed to meet the prejudice prong of Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). He did not demonstrate that the failure to present…