Opinion
No. 08–15808.
2012-01-27
Steven DIAZ, Petitioner–Appellant, v. Derral G. ADAMS, Respondent–Appellee.
Michael Bradley Bigelow, Esquire, Sacramento, CA, for Petitioner–Appellant. On Remand from the United States Supreme Court. D.C. No. 2:05–CV–00376–MCE–CMK.
Michael Bradley Bigelow, Esquire, Sacramento, CA, for Petitioner–Appellant. On Remand from the United States Supreme Court. D.C. No. 2:05–CV–00376–MCE–CMK. Before: PROCTER HUG, JR. and MILAN D. SMITH, JR., Circuit Judges, and JAMES DALE TODD, Senior District Judge.
The Honorable James Dale Todd, Senior District Judge for the U.S. District Court for Western Tennessee, sitting by designation.
ORDER
This case is now controlled by the Supreme Court's decision in Harrington v. Richter, ––– U.S. ––––, 131 S.Ct. 770, 178 L.Ed.2d 624 (2011). In light of Harrington, we conclude that the state court's decision was neither contrary to, nor involved an unreasonable application of, clearly established law as determined by the Supreme Court of the United States. Accordingly, we affirm the district court's denial of the petition for a writ of habeas corpus.
AFFIRMED.