Mack

Mack v. Attorney General

Good Law
267 F. App'x 596
United States Court of Appeals for the Ninth CircuitFebruary 19, 2008No. 07-15017California951 words

Opinion

lead Opinion

*598 MEMORANDUM **

Stephen Mack appeals the district court order denying him habeas relief. Mack argues that 1) there is insufficient evidence to support his convictions for forgery and burglary; 2) the judge erroneously admitted prejudicial uncharged evidence; 3) the failure to raise a constitutional objection to hearsay evidence rendered his counsel ineffective; and 4) his sentence of fifty years to life, issued under California’s recidivist statute, is cruel and unusual. We address Mack’s arguments in turn, and affirm his conviction.

Mack waived his claim that there is insufficient evidence to support his forgery conviction. In state court he did not contest the sufficiency of evidence, and in district court his arguments challenged only the sufficiency relating to his burglary conviction. “Although we have discretion to review issues not raised below, we do so only in exceptional circumstances to prevent manifest injustice.” United States v. One 1978 Piper Cherokee Aircraft, 91 F.3d 1204, 1209 (9th Cir.1996). No such injustice would arise here, because even if the arguments had not been waived, sufficient evidence supports Mack’s conviction. Under California law, a person…

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