Joseph Becker v. Michael Martel

413 F. App'x 993

Opinion

MEMORANDUM *

Although the sentencing judge violated clearly established federal law by imposing an upper term sentence based on Becker’s “lengthy record,” see Cunningham v. California, 549 U.S. 270, 288-93, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007), the error was harmless because we have no “grave doubt” that a jury would’ve also found Becker’s record “lengthy” given his numerous prior convictions, see Butler v. Curry, 528 F.3d 624, 648 (9th Cir.2008) (internal quotation marks omitted).

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.