Carey

MEMORANDUM *

Defendant-Appellant Calvin C. Johnson (“Johnson”) appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for second degree burglary under California state law. The sole claim before us is whether Johnson’s counsel was ineffective because she did not raise, at the time of trial, any issue regarding Johnson’s competence. Because we agree that the record is devoid of any *659 indication that Johnson exhibited symptoms of incompetence known or knowable to trial counsel at the time of trial, we affirm.

A district court’s decision to grant or deny a habeas petition pursuant to 28 U.S.C. § 2254 is reviewed de novo. Rodriguez Benitez v. Garcia, 495 F.3d 640, 643 (9th Cir.2007). Habeas petitions brought pursuant to AEDPA, as Johnson’s is, must demonstrate that the state court’s decision was contrary to, or involved an unreasonable application of, clearly established federal law under United States Supreme Court precedent, or that the determination was based on an unreasonable determination of the facts. Lockyer v. Andrade, 538 U.S. 63, 70-73 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003). A state court decision “based on a factual…

concurring:

I concur in the result.