Christopher Bahtuoh v. Michelle Smith

MURPHY, Circuit Judge.

Christopher Bahtuoh participated in a drive by shooting and was convicted in state court of first degree felony murder. After unsuccessfully seeking state postcon-viction relief, he brought this federal habe-as action under 28 U.S.C. § 2254. He claims that his defense counsel provided ineffective assistance by advising him not to testify after counsel had promised the jury that he would. The district court 1 denied habeas relief, and Bahtuoh appealed. We affirm.

I

In April 2009 Christopher Bahtuoh was driving in a Minneapolis neighborhood with Lamont McGee, a member of the…