Stewart
Stewart v. Terhune
Opinion
Lead Opinion
MEMORANDUM **
Jarey Stewart seeks a writ of habeas corpus alleging several constitutional errors affecting his state trial, sentencing, and appeal. The district court denied Stewart’s petition on September 20, 2002. We affirm.
Our review is governed by the Antiterrorism and Effectiveness Death Penalty Act of 1996. Stewart’s petition must be denied because the California court decisions rejecting his claims are not contrary to, or unreasonable applications of, clearly established Supreme Court precedent. See 28 U.S.C. § 2254 (d).
Stewart’s first claim is that the trial judge violated due process by relying on misleading information in a probation report during sentencing. See United States v. Columbus, 881 F.2d 785, 787 (9th Cir. 1989) (A sentence based on “materially false or unreliable information” violates due process). The California Court of Appeal rejected this claim because Stewart failed to demonstrate that (1) his probation report actually contained false or unreliable material and (2) the sentencing judge relied on the disputed information. We agree. See Oxborrow v. Eikenberry, 877 F.2d 1395, 1400 (9th Cir.1989).