Mead

Mead v. Waddington

Good Law
125 F. App'x 775
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 04-35146California298 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Richard L. Mead appeals pro se the district court’s order denying his 28 U.S.C. § 2254 petition challenging his 1999 jury conviction and sentence for rape of a child in the first degree. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

The State told Mead that it would amend the information if he refused the plea agreement. Mead contends that this forced him to choose between his rights to a speedy trial and effective assistance of counsel. We disagree. The district court properly determined that the State did not unconstitutionally force Mead to waive his speedy trial rights. See Jenkins v. Anderson, 447 U.S. 231, 236 , 100 S.Ct. 2124 , 65 L.Ed.2d 86 (1980) (stating that the Constitution does not forbid “every government-imposed choice in the criminal process that has the effect of discouraging the exercise of constitutional rights”).

Mead also contends that the sentencing court unconstitutionally infringed on his right to a jury trial by imposing a higher sentence because he exercised his constitutional right to go to trial. We disagree. The state court’s determination that the sentencing court relied upon permissible…

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