Raff

Raff v. Stewart

Good Law
18 F. App'x 468
United States Court of Appeals for the Ninth CircuitDecember 13, 2000No. 99-15197; D.C. No. CV-97-02123-PGRCalifornia514 words

Opinion

Lead Opinion

ORDER

Appellee’s motion for clarification is GRANTED.

A revised memorandum disposition will be filed forthwith to replace the December 18, 2000 memorandum.

Appellant’s petition for panel rehearing is DENIED.

There shall be no further filings in this closed appeal.

REVISED MEMORANDUM

Arizona state prisoner, Barry Raff, appeals pro se the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his 84-year sentence imposed after pleading guilty to five counts of fraudulent schemes, with prior convictions for fraud. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo the district court’s denial of a petition pursuant to 28 U.S.C. § 2254 , Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Under 28 U.S.C. § 2254 (d), habeas relief can be granted only when the state court’s decision denying relief is “contrary to, or involves an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States,” which can be determined only after the decision has been deemed “clearly erroneous.” Van Tran v. Lindsey, 212 F.3d 1143, 1155 (9th Cir.2000),…

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