Devincentis

Devincentis v. Quinn

Good Law
266 F. App'x 647
United States Court of Appeals for the Ninth CircuitFebruary 13, 2008No. 07-35396California1,377 words

Opinion

lead Opinion

MEMORANDUM **

Louis DeVincentis appeals the district court’s order denying his petition for a writ of habeas corpus and dismissing his action. We affirm.

We review de novo the district court’s decision to deny a habeas petition. Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000), cert. denied, 531 U.S. 908 , 121 S.Ct. 254 , 148 L.Ed.2d 183 (2000). Habeas relief may be granted only if the state court’s decision was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court. 28 U.S.C. § 2254 (d)(1). Under the “contrary to” clause, the petition may be granted if the state court arrives at a conclusion opposite to that reached by the Supreme Court on a question of law, or if the state court decides a case differently than the Supreme Court has on a set of materially indistinguishable facts. Williams v. Taylor, 529 U.S. 362, 412-13 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (O’Connor, J., concurring). Under the “unreasonable application” clause, the petition may be granted if the state court identifies the correct legal principle from the Supreme Court’s decisions but unreasonably applies that principle to the facts of the…

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