Hang

Hang v. Lambert

Good Law
69 F. App'x 366
United States Court of Appeals for the Ninth CircuitJune 18, 2003No. 02-35754; D.C. No. CV-01-05103-FVSCalifornia352 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Leng M. Hang appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition, which challenges his conviction and 57.5-year sentence for three counts of attempted first-degree murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). Reviewing de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), we affirm.

Hang contends that the jury’s guilty verdict on the attempted murder counts is unconstitutionally inconsistent with the jury’s special verdicts that he was not armed with a firearm. The Washington Court of Appeals rejected this claim on direct review, concluding that the verdicts can be reconciled because the jury could have found Hang guilty of attempted murder based on the other actions he took, even if he was not the shooter. See Washington v. Harris, 121 Wash.2d 317 , 849 P.2d 1216, 1218 (1993) (explaining how broadly Washington defines the “substantial step” necessary for an attempt conviction). We cannot say that the Washington court’s conclusion was contrary to or an unreasonable application of federal law as clearly established by the Supreme Court. Cf. United States v. Powell, 469 U.S. 57, 68-69…

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