MEMORANDUM**

Pablo Lopez-Chavez appeals from the denial of his petition for habeas relief under 28 U.S.C. § 2254. Lopez-Chavez contends that he was denied his Sixth Amendment right to effective assistance of counsel as a result of his attorney’s failure to pursue an intoxication defense and advise him about such a defense. Lopez-Chavez has not demonstrated that he was prejudiced by this failure, in light of the overwhelming evidence that Lopez-Chavez was not in fact intoxicated on the night of the murder. He is therefore not entitled to habeas relief. See Strickland v. Washington, 466 U.S. 668, 691-92, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

We construe the briefing of uncertified issues as a motion to expand the certificate of appealability, see Cooper-Smith v. Palmateer, 397 F.3d 1236, 1245 (9th Cir. 2005), and we deny the motion.

AFFIRMED.