Michael Woods v. Derral Adams , 429 F. App'x 658 ( 2011 )


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  •                                                                                 FILED
    NOT FOR PUBLICATION                                   APR 27 2011
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                         U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    MICHAEL WOODS,                                   No. 09-56373
    Petitioner - Appellant,            D.C. No. 8:06-cv-00069-AG-JWJ
    v.
    MEMORANDUM*
    DERRAL G. ADAMS, Warden, Substance
    Abuse Treatment Facility and State Prison,
    Respondent - Appellee.
    Appeal from the United States District Court
    for the Central District of California
    Andrew J. Guilford, District Judge, Presiding
    Argued and Submitted April 15, 2011
    Pasadena, California
    Before: KOZINSKI, Chief Judge, D.W. NELSON and BYBEE, Circuit Judges.
    The district court did not err in denying Woods’s petition for a writ of
    habeas corpus. The California Court of Appeal’s conclusion that Woods had failed
    to establish prejudice because he was able to get virtually all of Sheridan’s
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    statements into evidence through other witnesses was not unreasonable. See
    United States v. Valenzuela-Bernal, 
    458 U.S. 858
    , 867 (1982).
    The California Court of Appeal’s determination that the trial court properly
    permitted Sheridan to claim his Fifth Amendment privilege was similarly not in
    error. See Mitchell v. United States, 
    526 U.S. 314
    , 326 (1999) (“Where the
    sentence has not yet been imposed a defendant may have a legitimate fear of
    adverse consequences from further testimony.”).
    AFFIRMED.
    2
    

Document Info

Docket Number: 09-56373

Citation Numbers: 429 F. App'x 658

Judges: Bybee, Kozinski, Nelson

Filed Date: 4/27/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023