Estep

MEMORANDUM **

James Estep appeals the district court’s denial of his habeas petition. We affirm.

Estep argues that his state court sentencing hearing was unconstitutionally unfair, that his state court lawyer was unconstitutionally ineffective, and that the state courts erroneously determined that the Brady evidence he sought was immaterial. This petition is covered by AEDPA, so a federal court cannot grant the writ unless the state court proceedings

Estep’s three arguments are based upon the idea that the state court increased his sentence by speculating that he had molested a 10-year old boy the police found with Estep when he was arrested for failing to register his new address. However, the California Court of Appeal held that the sentencing “court did not reach these speculative conclusions.” As the state court record reflects, the sentencing court exercised its discretion to deny Estep’s motion to strike his prior “strike” convictions in determining Estep’s sentence. The California Court of Appeals concluded that what “bothered the [sentencing] court was the defendant’s questionable judgment, not inherently improper behavior ... What bothered the court was potential for a…