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369 F. App'x 852

Barrios v. Giurbino

U.S. Courts of Appeals

Decided March 5, 2010

U.S. Courts of Appeals · decided 2010-03-05

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Strickland v. Washington

Decided 2010-03-05

¶1 MEMORANDUM …

¶2 California state prisoner Jose Antonio Barrios appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

¶3 Barrios contends that he received ineffective assistance of counsel when his attorney failed to communicate a plea offer to him which would have avoided a 25-years-to-life sentence pursuant to California’s “Three Strikes” law. Because the record demonstrates that the prosecution never offered Barrios a plea offer, the California Supreme Court’s rejection of this claim was neither contrary to, nor an unreasonable application of, clearly established federal law. See 28 U.S.C. § 2254(d)(1); see also Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

¶4 AFFIRMED.

…

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

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