Facts

Inmate Gilberto Silva filed a habeas petition against the Secretary of the California Dept. of Corrections and Rehabilitation, challenging his rape convictions that resulted in imprisonment for a term of 15 years to life plus 24 years.

PETITIONER'S CONTENTIONS:
In 2010, a jury convicted petitioner of forcible rape, assault with the intent to commit rape, and making criminal threats. The jury also found true certain allegations and the trial court subsequently sentenced him to 39 years to life in prison. On appeal before the state court, petitioner contended that the trial court erred in admitting pre-Mirandized statements. The state appellate court, however, denied him relief, and he filed this federal habeas petition.

RESPONDENT'S CONTENTIONS:
Petitioner previously petitioned for habeas relief with the state court, challenging the admissibility of his pre-Mirandized confession. The state court determined that he was not in custody at the time and, as such, Miranda warnings were not required, and denied his habeas petition. Petitioner filed this instant petition for habeas relief asserting the same challenges. However, petitioner's claims were without merit because the state court's decision was consistent with U.S. Supreme Court precedent. Moreover, there was an overwhelming evidence of his guilt. Respondent urged the court to dismiss this petition.

Result

The magistrate judge recommended the denial of Silva's habeas petition. The district court adopted the magistrate judge's findings and recommendations. Accordingly, the court ordered the petition dismissed with prejudice.