Opinion

Sanders v. Brown

  • 167 F. App'x 631
Court
Court of Appeals for the Ninth Circuit
Filed
Feb 16, 2006
Status
Published
On the bench
Bybee, Fernandez, Rymer
Cited by
0 cases
Authority
More cited than 10.3%

The opinion

*632 MEMORANDUM **

Shepard Sanders appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2258 , and we affirm.

Sanders contends that use of his prior nonjury juvenile adjudication to enhance his sentence under California’s Three Strikes law violated his constitutional right to due process. This contention fails. The California court’s decision to use Sanders’ prior juvenile adjudications as predicate offenses in calculating his Three Strikes is not contrary to, or an unreasonable application of, clearly established federal law. See 28 U.S.C. § 2254 (d)(1); Boyd v. Newland, 393 F.3d 1008, 1017 (9th Cir.2004) (holding that the California courts’ use of Petitioner’s juvenile adjudication as a sentencing enhancement was not contrary to, or involved an unreasonable application of, Supreme Court precedent).

The request to broaden the scope of the certificate of appealability is denied. See 28 U.S.C. § 2253 (c)(2); 9th Cir. R. 22-l(e).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.