Moore

Moore v. McGrath

Good Law
220 F. App'x 624
United States Court of Appeals for the Ninth CircuitFebruary 12, 2007No. 04-57192California408 words

Opinion

Lead Opinion

MEMORANDUM **

The district court dismissed with prejudice Moore’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Moore appeals. The facts and prior proceedings are repeated herein only as necessary.

Moore argues that the trial court violated his due process rights both by allowing defense witness Bruce Snyder (“Snyder”) to invoke his Fifth Amendment right to remain silent and by refusing to grant Snyder immunity to testify at Moore’s tri *625 al. Under either claim of error, a grant of Moore’s petition would be warranted only if the error had a “substantial and injurious effect or influence in determining the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 623 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993).

Moore was convicted of manufacturing methamphetamine on a theory of aiding and abetting. Moore admitted to the police that he lived at the residence where the methamphetamine lab was housed, that he was paid for allowing the methamphetamine manufacturers to operate there, and that his fingerprints might be found on the equipment used in the production of methamphetamine, some of which he had provided and helped to set up. Further, a search of Moore’s…

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