Soil

Soil v. Taylor

Good Law
82 F. App'x 180
United States Court of Appeals for the Ninth CircuitOctober 30, 2003No. 02-55587California661 words

Opinion

Lead Opinion

MEMORANDUM **

Cleotis Soil was convicted of possession for sale of cocaine in the Los Angeles Superior Court, and sentenced to 25 years to life under California’s “Three Strikes’’ law. Soil appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We affirm.

Because Soil’s petition for writ of habeas corpus was filed after April 24, 1996, it is governed by 28 U.S.C. § 2254 as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Under AEDPA, habeas relief is not available unless the state court adjudication was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or was based on “an unreasonable determination of the facts in light of the evidence presented in the State court proceedings.” 28 U.S.C. § 2254 (d). AEDPA “ ‘restricts the source of clearly established law” to the Supreme Court’s ‘holdings, as opposed to the dicta, ... as of the time of the relevant state court decision.’ ” Garvin v. Farmon, 258 F.3d 951, 954 (9th Cir.2001) (quoting Williams v. Taylor, 529 U.S. 362, 412 , 120 S.Ct. 1495 , 146 L.Ed.2d 389…

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