Martin

MEMORANDUM **

Warden George Giurbino appeals the district court’s order granting Luis Mar *300 tin’s petition for a writ of habeas corpus. We reverse.

In his habeas corpus petition, Martin contends that the government violated his Sixth Amendment right to counsel when it introduced as evidence inculpatory statements he made to his girlfriend, who had secretly arranged with police to record the couple’s telephone conversations while Martin was out on bail. See Massiah v. United States, 377 U.S. 201, 206 , 84 S.Ct. 1199 , 12 L.Ed.2d 246 (1964) (holding that the government violates the Sixth Amendment when it introduces incriminating statements that police have deliberately elicited from the accused outside the presence of counsel).

We conduct de novo review of the district court’s decision to grant Martin’s petition for a writ of habeas corpus. Ramirez v. Castro, 365 F.3d 755, 762 (9th Cir.2004). Under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), this court cannot grant habeas relief unless the state court’s adjudication of Martin’s claim resulted in a decision that was contrary to or involved an unreasonable application of clearly established federal law,…