Dicus

Dicus v. Del Papa

Good Law
188 F. App'x 642
United States Court of Appeals for the Ninth CircuitJuly 6, 2006No. 05-15918California450 words

Opinion

Lead Opinion

MEMORANDUM **

Gregory Dicus, a Nevada state prison inmate, appeals the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . We have jurisdiction to review pursuant to 28 U.S.C. § 2253 . We affirm.

We review the district court’s denial of a petition for a writ of habeas corpus de novo. Shackleford v. Hubbard, 234 F.3d 1072, 1077 (9th Cir.2000). Under the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214, “state court findings of fact are presumed correct unless rebutted by clear and convincing evidence.” Gonzalez v. Pliler, 341 F.3d 897, 903 (9th Cir.2003) (citing 28 U.S.C. § 2254 (e)(1)).

Dicus sought relief based on one certified issue, and four uncertified issues. In the certified issue, Dicus contends that his constitutional rights were violated when he was subjected to additional charges after he was transferred back from Texas to Nevada pursuant to a detainer under the Interstate Agreement on Detainers Act (IADA). Dicus actually asserts two claims under the umbrella of our certification: 1) prosecution on charges in excess of those in the IADA detainer, and 2) vindictive addition…

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