Fountain

MEMORANDUM **

California state prisoner Carl McCee Fountain appeals pro se from the district *215 court’s judgment denying his habeas petition under 28 U.S.C. § 2254 . Fountain was convicted of lewd conduct with a child under the age of 14, first-degree burglary, and furnishing alcohol to a minor, and is serving a sentence of 55 years to life in prison. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo, Turney v. Pugh, 400 F.3d 1197, 1199 (9th Cir.2005), and we affirm.

Fountain contends that trial counsel was ineffective for conceding his guilt on the lewd conduct charge, for failing to investigate or to present an intoxication defense, for failing to object to the use of CALJIC 2.50.1, for failing to raise a mistake-of-fact defense, and for failing to object to the absence of African-Americans on the petit jury. After reviewing the record, we conclude that the state courts’ rejection of these claims was neither contrary to nor an unreasonable application of federal law. See 28 U.S.C. § 2254 (d)(1); Strickland v. Washington, 466 U.S. 668, 687-94 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

Fountain also contends that state appellate counsel was ineffective.…