Beasley
Beasley v. Stewart
Opinion
Lead Opinion
MEMORANDUM **
Jimmie O. Beasley, Jr., appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his guilty plea conviction for attempted molestation of a child and sexual conduct with a minor. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.
We review de novo the district court’s decision to deny a habeas petition. See Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001). Because the Antiterrorism and Effective Death Penalty Act (AEDPA) governs Beasley’s case, we may grant habeas relief only if the state court’s decision (1) was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States or (2) was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. § 2254 (d).
Beasley contends that the State breached the written terms of his plea agreement when, at the change of plea hearing, the prosecutor orally agreed that the victim would recommend the presump *643 five rather than the aggravated sentence (i.e., the minimum as opposed to the maximum sentence). In fact,…