Schafer

Schafer v. Roe

Good Law
67 F. App'x 388
United States Court of Appeals for the Ninth CircuitMay 6, 2003No. 00-56698; D.C. No. CV-99-07050-ABC-McCalifornia972 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Glen Wayne Schafer appeals from the district court’s denial of his petition for habeas corpus pursuant to 28 U.S.C. § 2254 , challenging his state court conviction for one count of possession of methamphetamine in violation of California Health and Safety Code § 1377(a). We affirm.

Our review is limited; we may only consider claims that the petitioner is in custody “in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254 (a). The Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) establishes a highly deferential standard for federal review of habeas petitions by defendants held in custody resulting from state court judgments. Killian v. Poole, 282 F.3d 1204, 1207 (9th Cir.2002). AEDPA permits the granting of a writ of habeas corpus only when the state court decision is (1) “contrary to” or “an unreasonable application of’ clearly binding precedent of the United States Supreme Court, or (2) was based on an unreasonable determination of the facts in light of the evidence presented at the state court proceeding. 28 U.S.C. § 2254 (d); see Williams v. Taylor, 529 U.S. 362, 404-05 , 120 S.Ct. 1495 , 146 L.Ed.2d…

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