Sheppard

Sheppard v. Roe

Good Law
12 F. App'x 582
United States Court of Appeals for the Ninth CircuitJune 25, 2001No. 00-55261; D.C. No. CV-98-09691-MMMCalifornia379 words

Opinion

Lead Opinion

MEMORANDUM **

Jeremiah Sheppard, a California State prisoner, appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for receiving stolen property. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), and we affirm.

We review the district court’s denial of a 28 U.S.C. § 2254 habeas petition de novo. See Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000). Sheppard bears the burden of showing that the state court adjudication of the merits of his claim “resulted in a decision that 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); Williams v. Taylor, 529 U.S. 362 , 120 S.Ct. 1495, 1523 , 146 L.Ed.2d 389 (2000); Van Tran v. Lindsey, 212 F.3d 1143, 1153-54 (9th Cir.2000) (defining “unreasonable application” as involving situations where the state court has committed clear error).

*583 Sheppard contends that his right to due process was violated because he received an increased sentence based on a 1966 conviction for which no sentencing transcript exists. We disagree because clearly established federal law…

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