Franswa Shammam v. Daniel Paramo

MEMORANDUM

California state prisoner Franswa Sham-mam appeals from the district court’s denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

In 2008, Shammam was charged with the 1994 murder of David Binno. Sham-mam’s first trial ended in a mistrial because of a hung jury. Following a second trial, a jury convicted Shammam of murder in the first degree. The trial court sentenced him to a prison term of twenty-five years to life, plus a four-year enhancement for use of a firearm.

During the course of the trial proceedings, Shammam thrice moved to dismiss the charges against him on the ground that the fourteen-year delay between the murder and his indictment violated his due process rights. The trial court rejected the claim each time. Shammam raised the pre-indictment delay/due process issue in his direct appeal. The California Court of Appeal affirmed his conviction. He then filed this federal habeas petition based solely on the alleged due process violation. The district court denied the petition. Shammam now timely appeals.

We review de novo a district court’s denial of…