Burton

Burton v. Walter

Good Law
21 F. App'x 632
United States Court of Appeals for the Ninth CircuitOctober 17, 2001No. CA 00-35579; D.C. No. CV-98-01844-RSLCalifornia537 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Lonnie Lee Burton appeals pro se the district court’s order denying his consolidated 28 U.S.C. § 2254 habeas corpus petitions. He contends that his 1992 guilty plea for rape of a child, child molestation, and sexual molestation should be vacated because the prosecutor breached the plea agreement at resentencing by recommending a higher sentence than promised. He also argues that his 1994 conviction for rape, robbery, and burglary should be reversed because the state court admitted evidence of a prior conviction that was subsequently overturned. Our review of these arguments is limited by the Antiterrorism and Effective Death Penalty Act; we must determine whether the state court’s decision “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.” See 28 U .S.C. § 2254(d)(1).

1. Breach of the Plea Agreement

Burton contends that he should have been permitted to withdraw his guilty plea because the state prosecutor recommended a higher sentence than promised at resentencing. We agree that prosecutors are generally bound…

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