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Alfonso v. Terhune

United States Court of Appeals, Ninth Circuit
Jul 19, 2001
14 F. App'x 861 (9th Cir. 2001)

Opinion


14 Fed.Appx. 861 (9th Cir. 2001) Orestes Caridad ALFONSO, Petitioner-Appellant, v. C.A. TERHUNE; et al., Respondents-Appellees. No. 99-56507. D.C. No. CV-98-08306-TJH. United States Court of Appeals, Ninth Circuit. July 19, 2001

Submitted July 9, 2001.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Alfonso's request for oral argument is therefore denied.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California Terry J. Hatter, Jr., Chief Judge, Presiding.

Before KOZINSKI, T.G. NELSON and TALLMAN, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Orestes Caridad Alfonso appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for petty theft with prior convictions, a felony. We have jurisdiction pursuant to 28 U.S.C. §§ 2253 and 1291, and we affirm.

We previously granted a certificate of appealability ("COA") on the sole issue of whether the sentence of 25 years-to-life for a conviction for petty theft with prior convictions violates the Eighth Amendment. Alfonso, however, did not address this issue in his opening brief on appeal. We therefore deem the claim abandoned. Petrocelli v. Angelone, 248 F.3d 877, 880 n. 1 (9th Cir.2001); Morris v. Woodford, 229 F.3d 775, 779 (9th Cir.2000), cert. denied, 532 U.S. 1075, 121 S.Ct. 2238, 150 L.Ed.2d 227 (2001).

Alfonso's Motion for Broader Certification is denied as untimely. See 9th Cir. R. 22-1(d); United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001) (stating that motions for broader certification must be filed within thirty-five days of the district court's order denying a COA).

AFFIRMED.


Summaries of

Alfonso v. Terhune

United States Court of Appeals, Ninth Circuit
Jul 19, 2001
14 F. App'x 861 (9th Cir. 2001)
Case details for

Alfonso v. Terhune

Case Details

Full title:Orestes Caridad ALFONSO, Petitioner-Appellant, v. C.A. TERHUNE; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 19, 2001

Citations

14 F. App'x 861 (9th Cir. 2001)