Willis Creech v. Scott Frauenheim

Willis Lavone Creech appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his convictions for assault with a firearm and child endangerment. He challenges his convictions on the basis of alleged violations of his Fourteenth Amendment Due Process rights. Creech also challenges his sentence under California’s determinate sentencing law as a violation of his Sixth Amendment right to a jury trial. We hold that it was not unreasonable for the California Court of Appeal to conclude that there was sufficient evidence for a rational trier of fact to convict Creech of the assault with a firearm and child endangerment charges. We also hold that it was not contrary to or an • unreasonable 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, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. -

I. Facts and Procedural History

A. Events and Convictions at Issue

Creech and his wife, Reanna,…