Stevenson

Stevenson v. Lewis

Good Law
116 F. App'x 814
United States Court of Appeals for the Ninth CircuitOctober 28, 2004No. 03-56303California944 words

Opinion

Lead Opinion

MEMORANDUM *

Craig Anthony Stevenson (“Stevenson”) appeals the district court’s denial of his habeas petition under 28 U.S.C. § 2254 . Stevenson was convicted by a jury of possession of cocaine and was sentenced by the trial court to twenty-five years to life under California’s “Three Strikes” law, Cal.Penal Code § 1170.12(c)(2)(A)(ii). We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm. We review de novo a district court’s denial of a petition for writ of habeas corpus under 28 U.S.C. § 2254 . Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001).

I.

Stevenson first argues that he was denied due process because his sentence was based “at least part on misinformation of constitutional magnitude.” 1 He seeks *815 federal habeas relief on the ground that the California Court of Appeal’s decision was “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(2). This argument, however, is not embraced within the scope of the Certificate of Appealability (“COA”) issued by a motions panel of this court. See 28 U.S.C. § 2253 (c); Hiivala v. Wood, 195 F.3d 1098, 1102-03 (9th Cir.1999)…

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