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Rosier v. Giurbino

United States Court of Appeals, Ninth Circuit
Aug 22, 2007
245 F. App'x 687 (9th Cir. 2007)

Summary

holding that "to the extent that [the petitioner's] challenges the state court's decision to apply consecutive sentences, such a claim is not cognizable on federal habeas corpus"

Summary of this case from Sims v. McKee

Opinion

No. 06-56225.

Submitted August 13, 2007.

This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 22, 2007.

Randall L. Rosier, Calipatria, CA, pro se.

Attorney General, Office of the California Attorney General, San Diego, CA, for Respondents-Appellees.

Appeal from the United States District Court for the Southern District of California, Barry T. Moskowitz, District Judge, Presiding. D.C. No. CV-05-02146-BTM/ AJB.

Before: KLEINFELD, SILVERMAN, and M. SMITH, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

California state prisoner Randall L. Rosier appeals pro se from the district court's order denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Rosier contends that the state sentencing court erred in increasing his sentence based upon facts that were not proven beyond a reasonable doubt, in violation of the Fifth, Sixth and Fourteenth Amendments. We disagree. The record indicates that the state court's selection of Rosier's sentence was based upon facts admitted by Rosier as part of his guilty plea and/or facts relating to his prior convictions. We thus conclude that the state courts' resolution of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States. See 28 U.S.C. § 2254(d)(1); Blakely v. Washington, 542 U.S. 296, 301, 303, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

To the extent that Rosier challenges the state court's decision to apply consecutive sentences, such a claim is not cognizable on federal habeas corpus. See 28 U.S.C. § 2254(a); Estelle v. McGuire, 502 U.S. 62, 68-69, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991).

AFFIRMED.


Summaries of

Rosier v. Giurbino

United States Court of Appeals, Ninth Circuit
Aug 22, 2007
245 F. App'x 687 (9th Cir. 2007)

holding that "to the extent that [the petitioner's] challenges the state court's decision to apply consecutive sentences, such a claim is not cognizable on federal habeas corpus"

Summary of this case from Sims v. McKee
Case details for

Rosier v. Giurbino

Case Details

Full title:Randall L. ROSIER, Petitioner-Appellant, v. GJ. GIURBINO, Warden; et al…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 22, 2007

Citations

245 F. App'x 687 (9th Cir. 2007)

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