We determine de novo what is "clearly established federal law, as determined by the Supreme Court of the United States." LaJoie v. Thompson, 217 F.3d 663, 668 (9th Cir. 2000) (internal citation and quotation marks omitted). If the federal law is not clearly established at the time of the state court determination, � 2254(d)(1) bars relief. Vasquez v. Strack, 228 F.3d 143, 148-49 (2d Cir. 2000), cert. denied, 128 S.Ct. 1128 (2001).

Justice O'Connor addressed the distinction between the "contrary to" and "an unreasonable application of" provisions of � 2254(d)(1) in Williams v. Taylor, 529 U.S. 362, 405-09 (2000). In Van Tran, we summarized her analysis:

A state court's decision can be "contrary to" federal law either 1) if it fails to apply the correct controlling authority, or 2) if it applies the controlling authority to a case involving facts "materially indistinguishable" from those in a controlling case, but nonetheless reaches a different result. A state court's decision can involve an "unreasonable application" of federal law if it either 1) correctly identifies the governing rule but then applies it to a new set of facts in a way that is objectively unreasonable, or 2) extends or fails to extend a clearly established legal principle to a new context in a way that is objectively unreasonable.

212 F.3d at 1150 (internal citation omitted). We noted that the two concepts overlap and that it sometimes will be necessary to apply both standards. Id.

"[W]hen analyzing a claim that there has been an unreasonable application of federal law, we must first consider whether the state court erred; only after we have made that determination may we then consider whether any error involved an unreasonable application of controlling law within the meaning of � 2254(d)." Id. at 1155. We will find an "unreasonable

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