Gibson

MEMORANDUM **

Renaldo Gibson, a California state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for possession of marijuana for sale and transportation of over 28.5 grams of marijuana. He claims ineffective assistance of counsel in his attorney’s stipulation to an element of possession of marijuana for sale. We have jurisdiction under 28 U.S.C. § § 1291 and 2253, and we affirm.

We review de novo the district court’s denial of a habeas corpus petition. Tanner v. McDaniel, 493 F.3d 1135, 1139 (9th Cir.2007). Pursuant to 28 U.S.C. § 2254 (d)(1), a habeas petition may be granted only if the state court’s decision was either contrary to or an unreasonable application of clearly established federal law, as determined by the United States Supreme Court, or was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. Schroeder v. Tilton, 493 F.3d 1083, 1086 (9th Cir.2007). The Sixth Amendment right to effective assistance of counsel is denied “when a defense attorney’s performance falls below an objective standard of reasonableness and thereby prejudices the…