COOPER-SMITH v. PALMATEER

No. 03-35794.

397 F.3d 1236 (2005)

Michael T. COOPER-SMITH, Petitioner-Appellant, v. Joan PALMATEER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 16, 2005.


Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Public Defender, Portland, OR, for the petitioner-appellant.

Carolyn Alexander, Assistant Attorney General, Salem, OR, for the respondent-appellee.

Before T.G. NELSON, RAWLINSON, Circuit Judges, and SCHWARZER, District Judge.


T.G. NELSON, Circuit Judge.

Michael Cooper-Smith appeals the district court's denial of his writ of habeas corpus for alleged ineffective assistance of counsel. The district court denied Petitioner's habeas petition after declining to expand the record under Rule 7 of the Rules Governing 28 U.S.C. § 2254 cases. Petitioner objects to this decision. Petitioner also presents the uncertified issue that his sentence violated Apprendi v. New Jersey.

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