Uvaldo Mora v. Francisco Jacques

MEMORANDUM

Petitioner Uvaldo Mora appeals the district court’s denial of habeas relief under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2253 , and, reviewing de novo, affirm. See, e.g., Crittenden v. Ayers, 624 F.3d 943, 950 (9th Cir.2010).

On January 16, 2005, petitioner abducted a rival gang member at gunpoint, taking his van, driving to two locations, and interrogating the victim over the course of approximately four hours. Petitioner subsequently was convicted of six separate state law offenses related to kidnapping. The sentences for the lesser included offenses at issue in this petition were stayed under California Penal Code § 654, which prohibits multiple punishments arising from the same course of conduct. Petitioner’s convictions were upheld by the California Court of Appeal on direct appeal. The California Supreme Court declined review. His subsequent habeas petition before the California Superior Court was denied through application of a state law procedural bar. Petitioner’s more fully developed habeas petition to the California Supreme Court, which cured the earlier procedural default, was…