United States Ninth Circuit

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Creech v. Frauenheim, 13-16709

Denial of petition for habeas corpus relief from convictions for assault with a firearm and child endangerment is affirmed where: 1) it was not unreasonable for the California Court of Appeal to conclude that there was sufficient evidence for a rational trier of fact to conviction defendant of the assault with a firearm and child endangerment charges; and 2) it was not contrary to or an reasonable application of clearly established Supreme Court law to conclude that California's revised determinate sentencing law, which provides trial courts with discretion to decide among three sentences, is constitutional under Apprendi v. New Jersey.

Appellate Information

  • Decided 08/31/2015
  • Published 08/31/2015

Judges

  • Paez

Court

  • United States Ninth Circuit

Counsel