Gamboa

Gamboa v. Stewart

Good Law
48 F. App'x 657
United States Court of Appeals for the Ninth CircuitOctober 10, 2002No. 01-16939; D.C. No. CV-99-02141-RGSCalifornia524 words

Opinion

Lead Opinion

MEMORANDUM **

Ralph Gamboa, III, appeals pro se the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Gamboa’s habeas petition challenges his Arizona guilty plea conviction and l&h year sentence for burglary, theft, and forgery in four consolidated cases. We review do novo the district court’s dismissal of a petition for writ of habeas corpus, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Gamboa alleges that a warrantless search of his vehicle occurred following his arrest, in violation of his Fourth Amendment rights. Gamboa raised this claim in his post-conviction proceedings in state court and was given a full and fair opportunity to litigate the issue, including an evidentiary hearing. Such an opportunity for a fair hearing forecloses this court’s inquiry on habeas corpus review. See Caldwell v. Cupp, 781 F.2d 714, 715 (9th Cir. 1986); Stone v. Powell, 428 U.S. 465, 494 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976).

Gamboa also argues that his counsel provided ineffective assistance, which rendered his guilty plea involuntary, by failing to (1) inform Gamboa of the whereabouts of the arrest report regarding the…

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