U.S. Court of Appeals for the Ninth Circuit, 2011

Joseph Becker v. Michael Martel

Joseph Becker v. Michael Martel
U.S. Court of Appeals for the Ninth Circuit · Decided February 16, 2011 · Kozinski, Hawkins, Fisher
413 F. App'x 993

Joseph Becker v. Michael Martel

Opinion

MEMORANDUM *

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, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007), the error was harmless because we have no “grave doubt” that a jury would’ve also found Becker’s record “lengthy” given his numerous prior convictions, see Butler v. Curry, 528 F.3d 624, 648 (9th Cir. 2008) (internal quotation marks omitted).

AFFIRMED.

*

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

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