Reid

Reid v. Stewart

Good Law
119 F. App'x 58
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 04-35668California284 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Pamela Ruth Reid appeals pro se the district court’s judgment denying her 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the denial of a § 2254 petition, see Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000), and we affirm.

*59 Reid contends that her 317-month sentence imposed for 9 counts of theft and forgery violates her due process rights, because the sentencing court found, by a preponderance of the evidence, aggravating factors which permitted it to impose consecutive rather than concurrent sentences. Upon review of the record, we conclude that the Washington Court of Appeals’ resolution of the case was neither contrary to nor an unreasonable application of clearly established federal law. See 28 U.S.C. § 2254 (d)(1); see also McMillan v. Pennsylvania, 477 U.S. 79, 91-92 , 106 S.Ct. 2411 , 91 L.Ed.2d 67 (1986). The rules announced subsequent to Reid’s conviction and sentence becoming final in Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), do not apply retroactively to cases…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.