Stephen Shoemaker v. Robert Taylor

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEPHEN P. SHOEMAKER, No. 11-56476 Petitioner-Appellant, D.C. No. v. 2:07-cv-05849-

MMM-RZ

ROBERT TAYLOR, Chief Probation Officer for the City and County of Los Angeles, ORDER AND Respondent-Appellee. AMENDED

OPINION

Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding

Argued and Submitted December 7, 2012—Pasadena, California

Filed August 6, 2013 Amended September 13, 2013

Before: Harry Pregerson, Richard A. Paez, and Andrew D. Hurwitz Circuit Judges.

Order; Opinion by Judge Pregerson SUMMARY*

Habeas Corpus

The panel affirmed the district court’s denial of a 28 U.S.C. § 2254 habeas corpus petition challenging misdemeanor convictions for multiple counts of possessing and duplicating child pornography.

Petitioner contended that some of the images he possessed were innocent images of children. Applying the factors in United States v. Dost, 636 F. Supp. 828 (S.D. Cal. 1986), the panel could not conclude that the images were…