United States Ninth Circuit

Denial of a petition for a writ of habeas corpus is affirmed where: 1) 1) a state appellate court's ruling upholding the constitutionality of petitioner's sentence under California's recidivist statute was not the result of an unreasonable application of clearly established federal law, nor was it based on an unreasonable determination of the facts; 2) it was objectively reasonable for the state appellate court to reject a claim of prosecutorial vindictiveness; and 3) it was objectively reasonable for the state appellate court to reject a claim that the trial court violated the Fourteenth Amendment when it denied a motion to strike his prior convictions at sentencing.

Appellate Information

• Decided 04/27/2007
• Published 04/27/2007

Judges

• COVELLO, District Judge., Before RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges, and ALFRED V. COVELLO, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Suzanne A. Luban, Oakland, CA, for the petitioner-appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General for the State of California, Mary Jo Graves, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Juliet B. Haley, Deputy Attorney General, and Glenn R. Pruden, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.