Waller

Waller v. Stewart

Good Law
55 F. App'x 403
United States Court of Appeals for the Ninth CircuitJanuary 21, 2002No. 01-15798; D.C. No. CV-98-01803-RGSCalifornia445 words

Opinion

Lead Opinion

MEMORANDUM **

Behne E. Waller, an Arizona state prisoner, appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 petition challenging his convictions under Arizona law for transportation and possession of narcotic drugs for sale. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

Waller contends that the Arizona state courts did not afford him a full and fair opportunity to litigate his Fourth Amendment claim. This contention is belied by the two-day evidentiary hearing and subsequent appeal of this issue in the Arizona state courts, all of which preclude federal habeas relief. See Stone v. Powell, 428 U.S. 465, 494-95 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976); Siripongs v. Calderon, 35 F.3d 1308, 1321 (9th Cir.1994) (as amended on denial of reh’g en banc).

Waller next contends that counsel was constitutionally ineffective at trial and on appeal, by failing to address properly his Fourth Amendment claim and by failing to raise the government’s alleged breach of a cooperation agreement. We agree with the district court and the Arizona state courts’ findings that Waller was not prejudiced by any deficiency in counsel’s representation. See Strickland v.…

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