Larry Dixon v. D. Runnels

389 F. App'x 603

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 22, 2010
• Docket: 08-17110
• Status: Unpublished

Opinion

MEMORANDUM **

California state prisoner Larry Dixon appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Dixon contends that his due process rights were violated under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), when the prosecutor failed to disclose the extent of a favorable arrangement it made with a key prosecution witness. The state court determined that the existence of such an arrangement, beyond what was disclosed, was speculative. This was neither an unreasonable application of clearly established federal law, as determined by the United States Supreme Court, nor an unreasonable determination of the facts. See 28 U.S.C. § 2254(d); see also Phillips v. Woodford, 267 F.3d 966, 987 (9th Cir.2001).

We further reject Dixon’s request that this case be remanded for an evidentiary hearing concerning this claim. See Phillips, 267 F.3d at 987.

AFFIRMED.

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