Jonathan C. Shaw v. Cal Terhune

ORDER AND AMENDED OPINION

ORDER

The opinion filed December 22, 2003, is hereby amended and the dissent shall be withdrawn. The Clerk shall file the attached amended opinion.

With the filing of this opinion, the panel has voted to deny appellant’s petition for panel rehearing. Judge O’Scannlain has voted to deny the petition for rehearing en banc and Judges Wallace and Hall have recommended denial. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are DENIED.

OPINION

HALL, Senior Circuit Judge.

Jonathan Shaw appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Shaw was convicted in a California state court on multiple counts of assault, robbery, and attempted robbery in connection with an armed robbery of a Lyon’s restaurant. Shaw was sentenced to 136 months in prison, which included a sentence enhancement imposed for “personal use” of a firearm during the assault and attempted robbery of Cheryl Bishop. More than two years after Shaw’s conviction,…