Paul Hager v. Matthew Cate

MEMORANDUM

Paul Robert Hager appeals from the district court’s denial of his habeas corpus petition under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2253 . We affirm.

We review the denial of Hager’s habeas petition de novo. Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001). The district court’s findings of fact are reviewed for clear error. Solis v. Garcia, 219 F.3d 922, 926 (9th Cir.2000). To receive habeas relief, Hager must show the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1). He cannot carry this burden.

Hager has not shown his guilty plea was involuntary. Plea agreements are contractual in nature, and we enforce unambiguous plea agreements according to their terms. United States v. Clark, 218 F.3d 1092, 1095 (9th Cir.2000). Hag-er’s plea agreement allowed the maximum sentence. Preliminary comments by the trial judge cannot reasonably be viewed as a promise of a lighter sentence. See id. This is especially true when neither counsel nor Hager indicated any understanding of such a promise during the plea…