Baeta

MEMORANDUM *

Petitioner Mark Baeta is a Nevada state prisoner who appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition, challenging his conviction for sexual assault of a minor under the age of fourteen and his corresponding sentence of twenty years to life with the availability of parole beginning earlier. He claims he was denied effective assistance of counsel because he pleaded guilty in reliance upon alleged representations by his counsel that he would receive a sentence of five years.

We will grant a petition for habeas corpus only if the last reasoned state court decision was predicated on an unreasonable application of established federal law or constituted an unreasonable application of the facts to this case. See 28 U.S.C. § 2254 ; Williams v. Taylor, 529 U.S. 362 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000).

The state trial court expressly found, in a post conviction hearing, that Baeta was not credible. The Nevada Supreme Court noted that finding and denied the petition, holding that counsel’s performance was not deficient and even if it were, Baeta cannot show prejudice.

The Nevada Supreme Court’s decision was not objectively unreasonable. Even…