ANTONIO COCA, AKA Anthony Alvaras v. Dwight Neven

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).
NC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANTONIO COCA, AKA Anthony
Alvaras,
Petitioner - Appellant,
v.
DWIGHT NEVEN,
Respondent - Appellee.
No. 08-16428
D.C. No. 2:05-CV-00816-JCM
MEMORANDUM *
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Nevada state prisoner Antonio Coca appeals pro se from the district court’s
judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction
FILED
MAR 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

NC/Research 08-16428 2
pursuant to 28 U.S.C. § 2253, and we affirm.
Coca contends that the state court violated the legal principles articulated in
Apprendi v. New Jersey, 530 U.S. 466 (2000), because it considered facts other
than the fact of his prior convictions when it sentenced him pursuant to Nevada’s
habitual criminal statute, Nev. Rev. Stat. § 207.010. Coca’s arguments are
squarely foreclosed by Tilcock v. Budge, 538 F.3d 1138, 1143-45 (9th Cir. 2008).
Coca further contends that his trial counsel was ineffective for failing to
object to the state court’s alleged Apprendi error. Because Coca’s underlying
Apprendi argument fails, Coca cannot meet his burden under Strickland v.
Washington, 466 U.S. 668 (1984).
Coca’s letter, received in this court on February 26, 2010, is deemed filed
and is denied as moot.
AFFIRMED.

-- 2 of 2 --