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King v. Knowles
Citation: 320 F. App'x 537Docket: No. 07-16813
Court: Court of Appeals for the Ninth Circuit; March 20, 2009; Federal Appellate Court
Jerry King's appeal of the district court's denial of his habeas corpus application under 28 U.S.C. § 2254 has been affirmed. King's Eighth Amendment claims are dismissed based on precedents set in Taylor v. Lewis and Gonzalez v. Duncan, which established that states can treat drug possession as a serious offense, especially given King's extensive criminal history involving serious violent crimes. The court found no evidence of gross disproportionality in King's sentencing. Additionally, King's ineffective assistance of counsel claims were rejected. The court affirmed that King did not demonstrate prejudice from his counsel's failure to present evidence regarding ownership of methamphetamine since possession, not ownership, is the relevant legal standard. Despite acknowledging counsel's oversight regarding a firearm instruction, the court concluded there was no resultant prejudice due to the lack of evidence supporting the defense. Furthermore, King's claim of ineffective assistance at the appellate level was also denied, as it stemmed from his unsuccessful trial claims. The disposition is not suitable for publication and does not set a precedent except as specified by 9th Cir. R. 36-3.