Garcia-Lopez

Garcia-Lopez v. Farwell

Good Law
125 F. App'x 117
United States Court of Appeals for the Ninth CircuitFebruary 23, 2005No. 04-16262California417 words

Opinion

Lead Opinion

*118 MEMORANDUM **

Victoriano Garcia-Lopez appeals the district court’s denial of his petition for a writ of habeas corpus. Garcia-Lopez argues that the district court erred in its determination that his Sixth Amendment right to the effective assistance of counsel was not violated when the state court conducted his sentencing hearing without inquiring into whether counsel was subject to a conflict of interest. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

We review de novo a district court’s denial of a petition for habeas corpus brought by a state prisoner. Jackson v. Giurbino, 364 F.3d 1002, 1005 (9th Cir. 2004). In order to grant Garcia-Lopez’s habeas petition, we must find that the state court proceedings were “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or that the state court’s conclusions were “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).

Because the parties are familiar with the facts, we recite them only as necessary for this decision. Garcia-Lopez argues…

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