Kogianes

ORDER

The attached Amended Memorandum will replace this court’s Memorandum filed on January 20, 2006.

With the filing of this new disposition, appellant’s petition for panel rehearing, filed January 30, 2006, is hereby DENIED.

AMENDED MEMORANDUM **

Michael Kogianes appeals from the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Kogianes alleges that during his trial for first degree murder, his trial counsel was ineffective for failing to request an instruction for lesser-included offenses and for relying solely upon an insanity defense. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm the decision of the district court.

At trial, Kogianes’ counsel presented the jury with the options of finding Kogianes *682 guilty of first degree murder or not guilty by reason of insanity. Counsel did not request that the jury be instructed on second degree murder or involuntary manslaughter. On February 9, 1994, the jury convicted Kogianes of two counts of first degree murder.

We review de novo the district court’s decision to grant or deny a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . See Luna v. Cambra,…