Shakoor

Shakoor v. Lewis

Good Law
192 F. App'x 637
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 06-15083California663 words

Opinion

Lead Opinion

MEMORANDUM **

Sajad Shakoor, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as meritless. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). We review de novo a district court’s ruling on the merits of a habeas corpus petition, Sandgathe v. Maass, 314 F.3d 371, 376 (9th Cir.2002), and we affirm.

*639 First, Shakoor contends that there was insufficient evidence to support his conviction for assault by force likely to produce great bodily injury. After reviewing the record, we conclude that the state court’s resolution of this claim was not contrary to or an unreasonable application of federal law. See 28 U.S.C. § 2254 (d)(1); Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

Second, Shakoor contends that his due process rights were violated when the jury received an erroneous instruction defining assault. The California Court of Appeal determined that any instructional error was harmless beyond a reasonable doubt. We conclude that the state court’s application of Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), was not unreasonable, and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.