Gutierrez

Gutierrez v. Garcia

Good Law
259 F. App'x 941
United States Court of Appeals for the Ninth CircuitDecember 14, 2007No. 07-55313California404 words

Opinion

Lead Opinion

*942 MEMORANDUM ***

Ismael Gutierrez, a California state prisoner, appeals the district court’s denial of his petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 . We affirm.

Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.

To obtain relief under § 2254, Gutierrez must show that the state court decision either “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States;” or “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d). We review the last reasoned decision of the state court. See Ylst v. Nunnemaker, 501 U.S. 797, 803-04 , 111 S.Ct. 2590 , 115 L.Ed.2d 706 (1991); Barker v. Fleming, 423 F.3d 1085, 1091-92 (9th Cir.2005).

Here, the state court was not objectively unreasonable in its application of Supreme Court precedent when it concluded that the pretrial photographic identification procedures in this case did not deprive Gutierrez of due process. See Simmons v. United States, 390 U.S.…

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