Arreola

Arreola v. Crawford

Good Law
252 F. App'x 154
United States Court of Appeals for the Ninth CircuitOctober 24, 2007No. 06-17204California787 words

Opinion

Lead Opinion

MEMORANDUM *

Rafael Ibarra Arreola, a Nevada state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction for three counts of sexual assault with a minor under fourteen years of age. The district court certified three issues for appeal. Arreola also requested that the panel grant his motion to expand the certificate of appealability (“COA”) and address an additional uncertified issue on appeal. Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction under 28 U.S.C. § 2253 . We affirm the district court’s denial of the petition and deny Arreola’s motion to expand.

We review de novo the district court’s denial of a habeas corpus petition. Tanner v. McDaniel, 493 F.3d 1135, 1139 (9th Cir.2007). The Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) also governs our review. Under the AED-PA, a habeas petition may be granted only if the state court’s decision was either contrary to, or an unreasonable application of, clearly established federal law, as determined by the United States Supreme Court, or was based on an unreasonable determination of the…

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