Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Pamela Ruth Reid, Gig Harbor, WA, pro se.
John Joseph Samson, Esq., Office of the Washington Attorney General, Olympia, WA, for Respondent-Appellee.
Appeal from the United States District Court for the Eastern District of Washington, Edward F. Shea, District Judge, Presiding. D.C. No. CV-02-00173-EFS.
Before: GOODWIN, WALLACE, and TROTT, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Washington state prisoner Pamela Ruth Reid appeals pro se the district court's judgment denying her 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo the denial of a § 2254 petition, see Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000), and we affirm.
Page 59.
Reid contends that her 317-month sentence imposed for 9 counts of theft and forgery violates her due process rights, because the sentencing court found, by a preponderance of the evidence, aggravating factors which permitted it to impose consecutive rather than concurrent sentences. Upon review of the record, we conclude that the Washington Court of Appeals' resolution of the case was neither contrary to nor an unreasonable application of clearly established federal law. See 28 U.S.C. § 2254(d)(1); see also McMillan v. Pennsylvania, 477 U.S. 79, 91-92, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986). The rules announced subsequent to Reid's conviction and sentence becoming final in Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, --- U.S. ----, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), do not apply retroactively to cases on collateral review, and thus are inapplicable here. See United States v. Sanchez-Cervantes, 282 F.3d 664, 671 (9th Cir.2002); cf. Cook v. United States, 386 F.3d 949 (9th Cir.2004) (order).
We deny Reid's request to expand the certificate of appealability, see 28 U.S.C. § 2253(c), and all pending motions are denied.
AFFIRMED.