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No. 8642292
United States Court of Appeals for the Ninth Circuit
Zuniga v. Sullivan
No. 8642292 · Decided July 20, 2007
No. 8642292·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 20, 2007
Citation
No. 8642292
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** 1. The jury had evidence that petitioner was a “pledge” to a street gang, that his brother-in-law was a member of that gang, and that petitioner committed assault in association with, and in support of, his brother-in-law. This evidence is sufficient *464 to support a sentence enhancement pursuant to California Penal Code § 186.22(b), which applies to felonies committed “in association with any criminal street gang” and “with the specific intent to ... assist in any criminal conduct by gang members.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). 2. Because we reach this conclusion even without according deference to the California Court of Appeal’s determination, we need not consider petitioner’s argument that 28 U.S.C. § 2254 (d)’s standard of deference does not apply. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
The jury had evidence that petitioner was a “pledge” to a street gang, that his brother-in-law was a member of that gang, and that petitioner committed assault in association with, and in support of, his brother-in-law.
Key Points
01The jury had evidence that petitioner was a “pledge” to a street gang, that his brother-in-law was a member of that gang, and that petitioner committed assault in association with, and in support of, his brother-in-law.
02This evidence is sufficient *464 to support a sentence enhancement pursuant to California Penal Code § 186.22(b), which applies to felonies committed “in association with any criminal street gang” and “with the specific intent to ...
03Because we reach this conclusion even without according deference to the California Court of Appeal’s determination, we need not consider petitioner’s argument that 28 U.S.C.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
The jury had evidence that petitioner was a “pledge” to a street gang, that his brother-in-law was a member of that gang, and that petitioner committed assault in association with, and in support of, his brother-in-law.
FlawCheck shows no negative treatment for Zuniga v. Sullivan in the current circuit citation data.
This case was decided on July 20, 2007.
Use the citation No. 8642292 and verify it against the official reporter before filing.