Barry Layton v. Steven Bordin

U.S. Court of Appeals for the Ninth Circuit
Barry Layton v. Steven Bordin, 680 F. App'x 639 (9th Cir. 2017)

Barry Layton v. Steven Bordin

Opinion

MEMORANDUM **

Barry Alan Layton appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253. We review a district court’s denial of a habeas corpus petition de novo, see Casey v. Moore, 386 F.3d 896, 904 (9th Cir. 2004), and we affirm.

Layton contends that his .state conviction for carrying a concealed weapon under California Penal Code § 12025(a)(2) (2011) violates the Second Amendment. The state court’s rejection of this claim was not contrary to, or based upon an unreasonable application of, clearly established Supreme Court law. See U.S.C. § 2254(d)(1); see also Peruta v. Cnty. of San Diego, 824 F.3d 919, 939 (9th Cir. 2016) (en banc) (“[T]he Second Amendment right to keep and bear arms does not include, in any degree, the right of a member of the general public to carry concealed firearms in public.”).

We treat Layton’s additional argument as a motion to expand the certificate of appealability. So treated, the motion is denied. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Barry Alan LAYTON, Petitioner-Appellant, v. Steven K. BORDIN, Chief Probation Officer, Butte County, Respondent-Appellee
Status
Unpublished