Ray

MEMORANDUM **

Appellant Kyle Clayton Ray was charged with three counts of murder with a deadly weapon. Ray was fifteen years old at the time. After the state trial court denied his motion to suppress, Ray pled guilty to two counts of murder with a deadly weapon. His plea was' conditioned on his ability to appeal the suppression denial. The Nevada Supreme Court rejected Ray’s appeal. Ray then filed a 28 U.S.C. § 2254 habeas petition in the United States District Court for the District of Nevada. Ray seeks review of the district court’s denial of his petition. The parties are familiar with the facts and we do not repeat them in great detail here.

We review the district court’s decision to deny a 28 U.S.C. § 2254 habeas petition de novo. Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir.2004) (as amended). Findings of fact made by the district court are reviewed for clear error. Riley v. Payne, 352 F.3d 1313, 1317 (9th Cir.2003). Because Ray filed his petition after April 16,1996, the provisions of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) govern this case. Stevenson v. Lewis, 384 F.3d 1069, 1071 (9th Cir. 2004). Under AEDPA we can only grant Ray’s petition if…