United States Ninth Circuit

Denial of a petition for habeas relief from a conviction and sentence for burglary, felony failure to stop on signal of police, and being a felon in possession of a firearm is affirmed in part, and reversed in part where: 1) Nevada's habitual sentencing statute does not violate Apprendi; but 2) petitioner is entitled to an evidentiary hearing on his claim of ineffective assistance of trial counsel at sentencing.

Appellate Information

• Argued 06/09/2008
• Decided 08/15/2008
• Published 08/15/2008

Judges

• GRABER, Circuit Judge:, Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and DAVID A. EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Anthony and Anne R. Traum, Assistant Federal Public Defenders, Las Vegas, NV, for the petitioner-appellant.


• For Appellees:
  
• Conrad Hafen, Deputy Attorney General, and Thom Gover, Senior Deputy Attorney General, Las Vegas, NV, for the respondent-appellee.