Schiro

Schiro v. Farwell

Good Law
225 F. App'x 591
United States Court of Appeals for the Ninth CircuitMarch 19, 2007No. 06-15370California1,523 words

Opinion

Lead Opinion

MEMORANDUM **

Kenneth J. Schiro appeals from the District Court’s order dismissing his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254 . For the reasons stated below, we will affirm.

I.

Following a jury trial, Schiro was convicted of three counts of sexual assault against his daughter, then a minor child. The Nevada state court sentenced him to two consecutive terms of life imprisonment with the possibility of parole and one eon- *592 current term of life imprisonment with the possibility of parole. On appeal to the Nevada Supreme Court, Schiro argued that he did not have proper notice of the charges against him because the government’s closing argument constituted a constructive amendment to, or substantial variance from, the charging document. The Nevada Supreme Court rejected the argument, among others, and dismissed the appeal on the merits. The United States District Court for the District of Nevada denied Schiro’s petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 .

We review a district court’s order denying a petition for a writ of habeas corpus under a de novo standard. Shackleford v. Hubbard, 234 F.3d 1072, 1077…

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