Beaubier v. Ryan et al

Filing 13

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 12 . ORDER that the petitioner's Petition Under 28:2254 for a Writ of Habeas Corpus is denied and that this action is dismissed with prejudice. ORDER that a certificate of appealability shall not be issued and that leave to appeal in forma pauperis is denied. ORDER that the Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 7/2/13. (TLJ)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9
10

Simon Beaubier,
Petitioner,

11
12
13
14
15

vs.
Charles L. Ryan, et al.,
Respondents.

)
)
)
)
)
)
)
)
)
)
)

No. CV-12-00545-PHX-PGR (BSB)
ORDER

16

Having reviewed de novo the Report and Recommendation of Magistrate

17

Judge Bade notwithstanding that no party has filed any objections to the Report and

18

Recommendation, the Court finds that the Magistrate Judge correctly concluded that

19

the petitioner’s Petition for a Writ of Habeas Corpus, timely filed pursuant to 28

20

U.S.C. § 2254, should be denied because it lacks merit.

21

The petition raises a single exhausted claim that the petitioner’s sentence of

22

natural life stemming from a plea of guilty to a count of first-degree murder was

23

improperly imposed pursuant to Blakely v. Washington, 542 U.S. 296 (2004),

24

because the facts necessary to increase the sentence from statutory life to natural

25

life were not determined by a jury. The Court agrees with the Magistrate Judge that

26

because the petitioner’s conviction for first-degree murder authorized the state court

1

under Arizona law to impose a life sentence either with or without the possibility of

2

parole without having to make any additional factual findings beyond those reflected

3

in the guilty plea, his sentence does not implicate his Sixth Amendment jury trial right

4

as set forth in Blakely and Apprendi v. New Jersey, 530 U.S. 466 (2000), and that

5

the state courts’ resolution of his Sixth Amendment claim on that ground was not

6

contrary to or an unreasonable application of clearly established Supreme Court law.

7

Therefore,

8
9
10

IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc.12) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that the petitioner’s Petition Under 28 U.S.C.

11

§ 2254 for a Writ of Habeas Corpus by a person in State Custody is denied and that

12

this action is dismissed with prejudice.

13

IT IS FURTHER ORDERED that a certificate of appealability shall not be

14

issued and that leave to appeal in forma pauperis is denied because the petitioner

15

has not made a substantial showing of the denial of a constitutional right.

16
17
18

IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
DATED this 2nd day of July, 2013.

19
20
21
22
23
24
25
26

-2-