Miguel Soto v. Randy White , 670 F. App'x 893 ( 2016 )


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  •                 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
    File Name: 16a0657n.06
    Case No. 16-5252
    UNITED STATES COURT OF APPEALS
    FILED
    Dec 06, 2016
    FOR THE SIXTH CIRCUIT
    DEBORAH S. HUNT, Clerk
    MIGUEL SOTO,                                           )
    )
    Petitioner-Appellant,                           )
    )         ON APPEAL FROM THE
    v.                                                     )         UNITED STATES DISTRICT
    )         COURT FOR THE WESTERN
    RANDY WHITE, Warden                                    )         DISTRICT OF KENTUCKY
    )
    Respondent-Appellee.                            )
    OPINION
    BEFORE: McKEAGUE, KETHLEDGE, and STRANCH Circuit Judges.
    PER CURIAM. Miguel Soto filed a petition for writ of habeas corpus under 
    28 U.S.C. § 2254
     in which he asserts claims of juror bias and denial of the right to self-representation in
    violation of the Sixth and Fourteenth Amendments to the U.S. Constitution.
    The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) provides relief to a
    habeas petitioner if the state-court decision was “contrary to, or involved an unreasonable
    application of, clearly established Federal Law, as determined by the Supreme Court.” 
    28 U.S.C. § 2254
    (d). If fair minded jurists could disagree as to the correctness of the state court’s decision,
    then Soto would not be entitled to relief. Harrington v. Richter, 
    562 U.S. 86
    , 102 (2011). The
    district court found that Soto failed to meet his burden of showing the Kentucky Supreme Court
    unreasonably applied federal law on both of his claims. R. 23, Dist. Ct. Op., PID 139, 141.
    Case No. 16-5252
    Miguel Soto v. Randy White
    This court reviews the district court’s legal conclusions de novo and any factual findings
    for clear error. Magna v. Hofbauer, 
    263 F.3d 542
    , 546 (6th Cir. 2001). Having duly considered
    the district court’s opinion in light of Soto’s appellate arguments, we find no error.       His
    arguments are unavailing and are fairly and adequately addressed in the magistrate court’s
    review and recommendation as fully adopted by the district court. To issue another opinion
    reiterating the analysis would be duplicative and unnecessary. Accordingly, we AFFIRM the
    district court’s order denying Soto’s habeas corpus petition on these two claims.
    -2-
    

Document Info

Docket Number: 16-5252

Citation Numbers: 670 F. App'x 893

Filed Date: 12/6/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023