Paul Remme v. Jean Hill

MEMORANDUM

Paul Remme appeals from the district court’s denial of his 28 U.S.C. § 2254 habe-as corpus petition challenging his conviction and sentence for four counts of criminal mistreatment under Or.Rev.Stat. § 163.205. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s denial of the petition, Gon zalez v. Brown, 585 F.3d 1202, 1206 (9th Cir.2009), and we affirm.

Remme challenges his convictions on two counts of criminal mistreatment for which only 11 of the 12 jurors found him guilty. According to Remme, his conviction by a non-unanimous jury violates his Sixth Amendment rights. Remme concedes that the Supreme Court upheld Oregon’s system of allowing convictions by non-unanimous juries in Apodaca v. Oregon, 406 U.S. 404, 406 , 92 S.Ct. 1628 , 32 L.Ed.2d 184 (1972). Nonetheless, he contends that the Apodaca plurality opinion is incompatible with the Supreme Court’s recent decisions in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and Cunningham v. California, 549 U.S. 270 , 127 S.Ct. 856 , 166 L.Ed.2d 856 (2007). We need not…