U.S. Court of Appeals for the Ninth Circuit, 2007

Pettijohn v. Bartos

Pettijohn v. Bartos
U.S. Court of Appeals for the Ninth Circuit · Decided September 27, 2007 · Canby, Rawlinson, Tashima
248 F. App'x 845

Pettijohn v. Bartos

Opinion of the Court

MEMORANDUM **

Aaron Edward Pettijohn, an Arizona state prisoner, appeals pro se from the *846dismissal as untimely of Ms 28 U.S.C. § 2254 habeas corpus petition claiming that his sentence was unconstitutional under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). He contends that his habeas petition was timely under 28 U.S.C. § 2244(d)(1)(C) because he filed a state court post-conviction petition within one year of Blakely. As stated by the district court, this contention lacks merit because the Supreme Court has not held that Blakely is retroactively applicable to cases on collateral review. See Tyler v. Cain, 533 U.S. 656, 662, 121 S.Ct. 2478, 150 L.Ed.2d 632 (2001) (rnterpreting § 2244(b)(2)(A)); Schardt v. Payne, 414 F.3d 1025, 1038 (9th Cir. 2005), cert. dismissed (U.S. June 29, 2006) (No. 05-9237).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provid*846ed by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.