Sevier

Sevier v. Calderon

Good Law
94 F. App'x 641
United States Court of Appeals for the Ninth CircuitApril 15, 2004No. 02-56450California329 words

Opinion

Lead Opinion

MEMORANDUM **

Jeffrey Sevier appeals the district court’s denial of his 28 U.S.C. § 2254 habe *642 as petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Sevier contends that the trial court misled him to believe that the maximum sentence he could receive was 25 years to life and hence, his sentence of 43 years to life violated his due process rights. Because the sentencing court advised Sevier that the maximum possible period of confinement was life and that by admitting to prior prison terms and prior serious felonies he exposed himself to certain sentencing enhancements, Sevier’s sentence did not violate his due process rights. See 28 U.S.C. § 2254 (d)(1); Torrey v. Estelle, 842 F.2d 234, 235 (9th Cir.1988) (stating that a plea of guilty is voluntary if a defendant is advised of the direct consequences of his plea).

Sevier next contends that his trial counsel was ineffective by failing to advise him of the consequences of his plea and failing to object when the court sentenced him to 43 years to life imprisonment. Sevier’s claims do not merit habeas relief because he fails to demonstrate that counsel’s performance was deficient. See Strickland v.…

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