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No. 8644192
United States Court of Appeals for the Ninth Circuit
Williams v. Giurbino
No. 8644192 · Decided September 28, 2007
No. 8644192·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 28, 2007
Citation
No. 8644192
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** California state prisoner Clarance Le-Rond Williams appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. Williams contends that his due process rights were violated when the California Department of Corrections (“CDC”) disallowed him 132 days of sentence credits. The record shows that the CDC acted in accordance with California state law and properly disallowed the credits at issue because they were duplicative of credits already received by Williams. See Cal.Penal Code § 2900.5(b); People v. Bruner, 9 Cal.4th 1178, 1183-84, 1191-93 , 40 Cal. Rptr.2d 534 , 892 P.2d 1277 (1995). Therefore, the state courts’ denial of this claim was not contrary to, or an unreasonable application of, clearly established United States Supreme Court authority. See 28 U.S.C. § 2254 (d); of. Hicks v. Oklahoma, 447 U.S. 343, 346 , 100 S.Ct. 2227 , 65 L.Ed.2d 175 (1980). Williams’ contention that the disallowance of credits violated his plea agreement is belied by the record. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** California state prisoner Clarance Le-Rond Williams appeals pro se from the district court’s judgment denying his 28 U.S.C.
Key Points
01MEMORANDUM ** California state prisoner Clarance Le-Rond Williams appeals pro se from the district court’s judgment denying his 28 U.S.C.
02Williams contends that his due process rights were violated when the California Department of Corrections (“CDC”) disallowed him 132 days of sentence credits.
03The record shows that the CDC acted in accordance with California state law and properly disallowed the credits at issue because they were duplicative of credits already received by Williams.
04Therefore, the state courts’ denial of this claim was not contrary to, or an unreasonable application of, clearly established United States Supreme Court authority.
Frequently Asked Questions
MEMORANDUM ** California state prisoner Clarance Le-Rond Williams appeals pro se from the district court’s judgment denying his 28 U.S.C.
FlawCheck shows no negative treatment for Williams v. Giurbino in the current circuit citation data.
This case was decided on September 28, 2007.
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