Christopher Zurcher v. Guy Hall , 384 F. App'x 550 ( 2010 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 15 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
CHRISTOPHER D. ZURCHER, No. 08-35881
Petitioner - Appellant, D.C. No. 3:07-cv-00570-PK
v.
MEMORANDUM *
GUY HALL, Superintendent, Two Rivers
Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court
for the District of Oregon
Garr M. King, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Oregon state prisoner Christopher D. Zurcher 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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Zurcher contends that his counsel rendered ineffective assistance of counsel
by failing to object, based on Apprendi v. New Jersey, 530 U.S. 466 (2000), to the
imposition of an upward departure from the presumptive sentence under the
Oregon Sentencing Guidelines based upon judge-found facts. Because Zurcher has
failed to demonstrate prejudice from any alleged error, the Oregon
court’s rejection of this claim was neither contrary to, nor an unreasonable
application of, clearly established Supreme Court law. See 28 U.S.C. § 2254(d)(1);
see also Strickland v. Washington, 466 U.S. 668, 694 (1984).
AFFIRMED.
2 08-35881