Alander

MEMORANDUM **

John Alander, a California state prisoner, appeals the district court’s denial of his petition for habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2258. Reviewing the district court’s ruling de novo, Sandgathe v. Maass, 314 F.3d 371, 376 (9th Cir.2002), we affirm the denial of habeas relief.

Alander first contends that the state trial court violated his due process rights by denying his request for a continuance to give his trial counsel more time to prepare. Because no state court adjudicated the merits of this claim, we consider de novo whether a due process violation occurred. See Pirtle v. Morgan, 313 F.3d 1160, 1167 (9th Cir.2002). We conclude that it did not. Alander’s case was factually simple, the issues were clear-cut, and Alander’s first trial on the same count produced a transcript of just 82 pages. Under these circumstances, Alander’s *646 counsel (who was appointed 22 days before trial) had a constitutionally adequate time to prepare, and the trial court was within its discretion in denying a continuance. Morris v. Slappy, 461 U.S. 1, 11 , 103 S.Ct. 1610 , 75 L.Ed.2d 610 (1983) (recognizing that trial…