McVay

McVay v. Roe

Good Law
130 F. App'x 158
United States Court of Appeals for the Ninth CircuitMay 4, 2005No. 03-56426California649 words

Opinion

Lead Opinion

MEMORANDUM *

Deangelo McVay appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . On July 29, 1999, McVay was convicted of kidnaping James Miller for ransom, aggravated mayhem, and conspiracy to commit kidnaping for ransom in violation of California Penal Code §§ 182(a)(1), 205, 209(a). He was sentenced to a term of imprisonment for life without possibility of parole in state prison, and for a term of one year, to run consecutively. 1 McVay’s direct appeals and state habeas corpus petitions were denied. McVay then filed his federal habeas petition on September 27, 2002; it was denied in full. Because the parties are familiar "with the facts, we do not recite them here except as necessary to our disposition.

We review de novo the district court’s decision to deny a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 . Alcala v. Woodford, 334 F.3d 862, 868 (9th Cir.2003). We review the district court’s findings of fact for clear error. Id. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Gang Affiliation

The trial court sustained objections to questions regarding the possible gang affiliation of the…

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