Baseer

Baseer v. Hall

Good Law
201 F. App'x 439
United States Court of Appeals for the Ninth CircuitSeptember 11, 2006No. 05-55274California357 words

Opinion

Lead Opinion

MEMORANDUM *

Jaafar Baseer appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Baseer contends that use of his prior nonjury juvenile adjudication to enhance his sentence under California’s Three Strikes Law violated his due process and jury trial rights. The California court’s decision to use Baseer’s prior juvenile adjudication as a predicate offense in calculating his strikes was not an unreasonable application of clearly established federal law as determined by the Supreme Court. See Clark v. Murphy, 331 F.3d 1062, 1069 (9th Cir.2003) (“[T]he only definitive source of clearly established feder *440 al law under AEDPA is the holdings (as opposed to the dicta) of the Supreme Court as of the time of the state court decision.”); Boyd v. Newland, 393 F.3d 1008, 1017 (9th Cir.2004) (holding that the use of a nonjury juvenile adjudication as a sentencing enhancement was not contrary to nor involved an unreasonable application of Supreme Court precedent). Moreover, the state court’s decision was not an unreasonable determination of the facts in light of the evidence presented. Even assuming the district court erred in…

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