Masayuki Aguro v. Jeanne Woodford

MEMORANDUM

California state prisoner Masayuki Agu-ro appeals the district court’s denial of his petition for a writ of habeas corpus on two grounds. He claims: (1) his 26-year sentence violates the doctrine of specialty because the extradition request stated he would be subject to a 16-year maximum sentence; and (2) the district court erred in denying him an evidentiary hearing on two substantive challenges to the constitutionality of the state court proceedings that resulted in his conviction on 13 counts of lewd and lascivious conduct on a child under 14 years of age under California Penal Code section 288(a). We hold that Aguro’s sentence does not violate the doctrine of specialty and the district court did not abuse its discretion in denying Aguro’s requested evidentiary hearing. Therefore, we deny the relief Aguro requests under 28 U.S.C. § 2254 .

I.

Because Aguro filed his habeas petition after the effective date of the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it provides the governing standard of review. Benitez v. Garcia, 495 F.3d 640, 643 (9th Cir.2007). Under AEDPA, we may issue a writ of habeas corpus only if the state court’s decision was…