Jefferson

MEMORANDUM ***

Galvin M. Jefferson appeals the district court’s denial of his petition for habeas corpus pursuant to 28 U.S.C. § 2254 , based on alleged ineffective assistance of counsel. We affirm.

*575 In a state post-conviction hearing, Jefferson testified by deposition that he did not have sex with the victim on the night in question, but that his trial counsel told him that the jury would not believe him if he testified to that effect. Jefferson argued that his attorney advised him to testify falsely at trial that he and the victim had consensual sex. Jefferson’s trial counsel stated in an affidavit that he “confronted Mr. Jefferson when, based on the evidence from the state and our independent investigation, I believed he was dishonest with me and I may have told him that I did not think a jury would believe him ... [but] I never advised Mr. Jefferson to testify falsely.” The state court credited trial counsel’s version of the events. That determination was not unreasonable. The parties dispute what deference is required by 28 U.S.C. § 2254 (d)(2) under the circumstances of the state court’s fact-finding, but even if we were not required to defer, the state court’s finding…