Brown

MEMORANDUM **

California state prisoner Thornell L. Brown appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254 . Brown was convicted of sale of cocaine and possession of cocaine for sale and sentenced to 13 years in prison. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

Brown first contends that the trial court’s failure to sua sponte instruct the jury that it could only convict him of selling cocaine if it found that he was selling a “usable quantity” of cocaine violated his due process right. When it affirmed Brown’s conviction, the California Court of Appeal ruled that California law does not define the crime of selling cocaine with reference to a “usable quantity;” we are bound by that ruling. See Shannon v. Newland, 410 F.3d 1083, 1087 (9th Cir. 2005), cert. denied, — U.S. -, 126 S.Ct. 1333 , 164 L.Ed.2d 49 (2006). Thus there was no due process violation.

Brown next contends that trial counsel was ineffective for introducing into evidence a razor blade with some white residue on it. Brown asserts that counsel was “surprised” to discover the razor blade in his wallet, which police seized from Brown when…