Parmelee

MEMORANDUM **

Petitioner-Appellant Allan Parmelee’s habeas petition challenges as vindictive his five-year sentence for Washington state convictions for felony stalking (four years) and a misdemeanor violation of a no-contact order (one year). Parmelee had been previously sentenced, by a different judge, to a total of four years on the same felony stalking count (one year) and three misdemeanor counts of violating a no-contact order (one year each).

The Washington Court of Appeals rejected Parmelee’s vindictiveness claim. State v. Parmelee, 121 Wash.App. 707 , 90 P.3d 1092, 1094-95 (2004). The Washington Supreme Court denied review. Par-melee’s federal habeas petition challenges his sentence as the sole grounds for relief, arguing that the Washington Court of Appeals decision was an unreasonable application of clearly established federal law as determined by the Supreme Court. See 28 U.S.C. § 2254 (d)(1) (1996). The district court denied Parmelee’s habeas petition. We affirm.

A district court’s decision to grant or deny a habeas petition pursuant to 28 U.S.C. § 2254 is reviewed de novo. Benitez v. Garcia, 449 F.3d 971, 974 (9th Cir.2006). Habeas petitions brought pursuant to…