Sueing

MEMORANDUM *

James Lee Sueing appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his convictions for first-degree murder and armed robbery. Sueing contends that his attorney rendered ineffective assistance by withdrawing a jury instruction on the lesser-included offense of theft. He also contends that the trial court’s instructions allowed the jury to convict him without finding him guilty beyond a reasonable doubt. We have jurisdiction pursuant to 28 U.S.C. § 2253 and affirm the district court’s denial of Sueing’s habeas petition.

We review de novo the district court’s decision to grant or deny a 28 U.S.C. § 2254 habeas petition. See Lambert v. Blodgett, 393 F.3d 943, 964 (9th Cir.2004), cert. denied, —- U.S.-, 126 S.Ct. 484 , 163 L.Ed.2d 368 (2005). Section 2254(d), as revised by the Antiterrorism and Effective Death Penalty Act of 1996, requires federal courts to deny a state prisoner’s habeas petition unless the adjudication (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court” or (2) “was based on an unreasonable determination of the facts in light of…