Melvin Dinnick Brown v. Josie Gastelo, Warden
Published: Nov. 5, 2016 | Result Date: Oct. 13, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-06098-GW-SS Bench Decision – Petition Denied
Court
USDC Central
Attorneys
Petitioner
Respondent
Kenneth C. Byrne
(Office of the Attorney General)
Gerald A. Engler
(Office of the Attorney General)
Lance E. Winters
(Office of the Attorney General)
Stephanie D. Brenan
(Office of the Attorney General)
Facts
Melvin Brown filed this instant habeas petition naming Warden Josie Gastelo as the respondent.
Contentions
PETITIONER'S CONTENTIONS:
In 2014, petitioner pleaded no contest to, and was convicted of, certain drug offenses and admitted various prior convictions. He received a six-year sentence. He appealed his sentence, asserting an ineffective assistance of counsel, which the appellate court rejected. The California Supreme Court returned petitioner's petition for review and motion for relief from default as untimely. It subsequently denied his petition for habeas relief. Petitioner then brought this instant petition seeking federal habeas relief on two grounds. First, petitioner alleged that California's Three Strikes law is unconstitutionally vague. Lastly, petitioner again asserted an ineffective assistance of counsel claim.
RESPONDENT'S CONTENTIONS:
The warden argued that petitioner's claims were procedurally defaulted. Moreover, petitioner cannot overcome the procedural defaults. The warden also contended that petitioner's claims were meritless. Overall, the warden argued that petitioner's action should be dismissed.
Result
The district court ultimately denied Brown's petition and dismissed the action with prejudice.
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