248 F. App'x 845

Aaron Edward PETTIJOHN, Petitioner—Appellant, v. BARTOS, Warden; et al., Respondents—Appellees.

No. 07-15267.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 24, 2007.*

Filed Sept. 27, 2007.

Aaron Edward Pettijohn, Buckeye, AZ, pro se.

Katia Mehu, Esq., AGAZ-Office of the Arizona Attorney General, Phoenix, AZ, for Respondents-Appellees.

Before: CANBY, TASHIMA, and RAWLINSON, Circuit Judges.

MEMORANDUM **

Aaron Edward Pettijohn, an Arizona state prisoner, appeals pro se from the *846dismissal as untimely of Ms 28 U.S.C. § 2254 habeas corpus petition claiming that his sentence was unconstitutional under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). He contends that his habeas petition was timely under 28 U.S.C. § 2244(d)(1)(C) because he filed a state court post-conviction petition within one year of Blakely. As stated by the district court, this contention lacks merit because the Supreme Court has not held that Blakely is retroactively applicable to cases on collateral review. See Tyler v. Cain, 533 U.S. 656, 662, 121 S.Ct. 2478, 150 L.Ed.2d 632 (2001) (rnterpreting § 2244(b)(2)(A)); Schardt v. Payne, 414 F.3d 1025, 1038 (9th Cir.2005), cert. dismissed (U.S. June 29, 2006) (No. 05-9237).

AFFIRMED.

Pettijohn v. Bartos
248 F. App'x 845

Case Details

Name
Pettijohn v. Bartos
Decision Date
Sep 27, 2007
Citations

248 F. App'x 845

Jurisdiction
United States

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