Andrew Kamana'o v. Clayton Frank

MEMORANDUM

Andrew K. Kamana’o, a Hawaii state prisoner, appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . The district court granted a certificate of appealability (“COA”)- on the question “whether Bouie [v. City of Columbia, 378 U.S. 347 , 84 S.Ct. 1697 , 12 L.Ed.2d 894 (1964),] applies to retroactive sentence enhancements or sentencing schemes.” Ka-mana’o also contends that the Hawaii Supreme Court’s decision denying his state petition for a writ of habeas corpus, State v. Kamana’o, 118 Hawai’i 210, 188 P.3d 724 (2008), was “contrary to or an unreasonable application of federal law clearly establishing that an illegal sentence is unconstitutional.” We decline to grant a COA as to this uncertified issue.

I

Kamana’o contends that the Hawaii Supreme Court’s decision in Kamana’o, 118 Hawai’i 210, 188 P.3d 724 , was contrary to or an unreasonable application of clearly established federal law, as determined by the Supreme Court in Bouie v. City of Columbia, 378 U.S. 347 , 84 S.Ct. 1697 , 12 L.Ed.2d 894 (1964). He also claims that this court applied Bouie to a state sentencing statute in Oxborrow v. Eikenberry, 877…