Fiorillo

MEMORANDUM *

In 1996, a federal jury convicted Jerry John Fiorillo of conspiracy to distribute cocaine, possession of cocaine with intent to distribute, and fraudulent use of a counterfeit access device. He filed a habeas petition under 28 U.S.C. § 2255 , arguing that he received ineffective assistance of counsel during the criminal trial. The district court denied his petition, and he now appeals.

We review the district court’s denial of Fiorillo’s habeas petition de novo. United States v. LaFromboise, 427 F.3d 680, 683 (9th Cir.2005); United States v. Baker, 256 F.3d 855, 859 (9th Cir.2001).

First, Fiorillo contends that his counsel’s own involvement in criminal activities during the course of the representation constituted a per se conflict of interest. We conclude that Fiorillo has failed to demonstrate any actual conflict between his counsel’s criminal activities and the representa *32 tion. See Baker, 256 F.3d at 861-62 ; see also Garcia v. Bunnell, 33 F.3d 1193 , 1198 n. 4 (9th Cir.1994); cf. Mannhalt v. Reed, 847 F.2d 576, 583 (9th Cir.1988).

Second, Fiorillo argues that his counsel’s prior representation of a codefendant constituted “an actual conflict of interest…