Cambra

Lynch v. Cambra

Good Law
126 F. App'x 783
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 04-55662California327 words

Opinion

Lead Opinion

MEMORANDUM **

Former California state prisoner Thomas J. Lynch, Jr. appeals pro se the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Shumway v. Payne, 223 F.3d 982, 984 (9th Cir.2000), and we affirm in part and dismiss in part.

Lynch contends that his due process rights were violated and his guilty plea was involuntary because the state trial court failed to advise him that to perfect an appeal from a guilty plea he would first have to apply for a Certificate of Probable Cause. Even if this amounted to a violation of federal due process, Lynch fails to demonstrate prejudice. See Brecht v. *784 Abrahamson, 507 U.S. 619, 637-38 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993); see also Peguero v. United States, 526 U.S. 23, 27 , 119 S.Ct. 961 , 143 L.Ed.2d 18 (1999) (“a court’s failure to give a defendant advice required by the Federal Rules is a sufficient basis for collateral relief only when the defendant is prejudiced by the court’s error”).

Next, Lynch contends that his equal protection rights were violated by California’s computation of pre-sentencing credits. However, we conclude that…

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