Joseph Becker v. Michael Martel
Joseph P. BECKER, Petitioner-Appellant, v. Michael MARTEL, Warden, Respondent-Appellee
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Jeffrey T. Miller (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- civil
- Panel
- Alex Kozinski (author), James S. Hawkins, Raymond C. Fisher
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT FEB 16 2011
MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS JOSEPH P. BECKER, No. 08-55527 Petitioner - Appellant, D.C. No. 3:07-cv-00576-JM-PCL v. MEMORANDUM * MICHAEL MARTEL, Warden, Respondent - Appellee.
Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, Senior District Judge, Presiding Argued and Submitted February 8, 2011 Pasadena, California Before: KOZINSKI, Chief Judge, HAWKINS and FISHER, Circuit Judges.
Although the sentencing judge violated clearly established federal law by imposing an upper term sentence based on Becker’s “lengthy record,” see Cunningham v. California, 549 U.S. 270, 288–93 (2007), the error was harmless because we have no “grave doubt” that a jury would’ve also found Becker’s record * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. page 2 “lengthy” given his numerous prior convictions, see Butler v. Curry, 528 F.3d 624, 648 (9th Cir. 2008) (internal quotation marks omitted).
AFFIRMED.