Melvin Wickerware v. R. Hill

U.S. Court of Appeals for the Ninth Circuit
Melvin Wickerware v. R. Hill, 451 F. App'x 704 (9th Cir. 2011)

Melvin Wickerware v. R. Hill

Opinion

MEMORANDUM **

Melvin Wickerware appeals pro se the district court’s judgment denying his 28 U.S.C. § 2254 petition, challenging the state court’s use of a 1993 federal bank robbery conviction to enhance his 2007 sentence for a California robbery conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

The district court properly summarily denied Wickerware’s petition as it plainly appears from the face of the petition that he is not entitled to relief. See Boyd v. Thompson, 147 F.3d 1124, 1127-28 (9th Cir. 1998); Rules Governing Section 2254 Cases R. 4; see also Lackawanna County Dist. Attorney v. Coss, 532 U.S. 394, 403-04, 121 S.Ct. 1567, 149 L.Ed.2d 608 (2001) (“[o]nce a state conviction is no longer open to direct or collateral attack in its own right because the defendant failed to pursue those remedies while they were available (or because the defendant did so unsuccessfully), the conviction may be regarded as conclusively valid.”); Daniels v. United States, 532 U.S. 374, 382, 121 S.Ct. 1578, 149 L.Ed.2d 590 (2001) (“If ... a prior conviction used to enhance a federal sentence is no longer open to direct or collateral attack in its own right because the defendant failed to pursue those remedies while they were available (or because the defendant did so unsuccessfully), then that defendant is without recourse.”). 1

AFFIRMED.

**

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

1

. To the extent appellant seeks to expand the certificate of appealability, the request is de *705 nied. See 9th Cir. R. 22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

Reference

Full Case Name
Melvin WICKERWARE, Petitioner-Appellant, v. R. HILL, Respondent—Appellee
Status
Unpublished