Huntley

MEMORANDUM ***

Michael Huntley, a California prisoner, appeals the district court’s denial of his habeas petition under 28 U.S.C. § 2254 . We affirm.

Huntley claims that his post-trial counsel was ineffective regarding his motion for a new trial, in that the motion was filed late, the motion was based on grounds that were contrary to the record, counsel failed to obtain a complete copy of the trial transcripts, and counsel failed to file a supporting memorandum of points and authorities. The untimeliness allegation has been waived for lack of briefing. As to the remaining allegations, the California Court of Appeal’s decision that Huntley failed to establish prejudice was not an unreasonable application of Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). See 28 U.S.C. § 2254 (d)(1).

Huntley further claims that his post-trial counsel was ineffective at sentencing in several respects. First, his claim that the state court’s use of an old probation report violates California law is outside the certificate of appealability and, in any event, is not cognizable on habeas review. See Estelle v. McGuire, 502 U.S. 62, 67-68 , 112 S.Ct. 475 , 116…