Ryan

Johnson v. Ryan

Good Law
106 F. App'x 549
United States Court of Appeals for the Ninth CircuitJuly 8, 2004No. 01-17352California685 words

Opinion

Lead Opinion

MEMORANDUM **

Gerald Allen Johnson, an Arizona state prisoner, appeals the district court’s judgment denying his petition for writ of habe-as corpus pursuant to 28 U.S.C. § 2254 . Johnson’s habeas petition sought relief from two consecutive sentences, for 15 and 25 years, imposed after Johnson pled guilty to one count of attempted sexual conduct and one count of sexual conduct with a minor under the age of 14. Johnson’s habeas petition alleged ineffective assistance of counsel and various federal constitutional violations, including claims that his guilty plea was involuntary because it was entered while he was under the influence of several medications. The district court denied the petition, and we affirm.

*551 The state court held that Johnson’s non-jurisdictional claims that arose prior to his plea were waived by the guilty plea. That waiver ruling was not “contrary to, [n]or .. an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1); see Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) (holding that a guilty plea precludes claims of constitutional…

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