Lewis
Lewis v. Ducharme
Opinion
Lead Opinion
MEMORANDUM *
Appellant Byron Lewis (“Lewis”) seeks federal habeas relief from his conviction in Oregon eleven years ago for attempted first-degree assault. After that conviction, but before sentencing, Lewis was transferred to Washington to be sentenced for crimes committed in that state. For reasons thát are disputed by the parties, Washington never returned Lewis to Oregon, and sent him instead to its own prison system to serve a thirty year sentence on his Washington conviction. Lewis has remained there for eleven years, never having been sentenced for his Oregon crimes. He 'appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition, a decision which we review de novo. Bribiesca v. Galaza, 215 F.3d 1015, 1018 (9th Cir. 2000). For the reasons stated below, we affirm.
Lewis’ initial habeas petition was filed April 30, 1997, and is thus governed by 28 U.S.C. § 2254 as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See Lindh v. Murphy, 521 U.S. 320 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997); Furman v. Wood 190 F.3d 1002, 1004 (9th Cir.1999). Lewis has sought rulings on the merits of his constitutional claims from the Oregon courts.…