Johnson v. Montgomery

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The Ninth Circuit affirmed the district court's denial of a petition for habeas relief challenging a sentencing enhancement for a prior nonjury juvenile conviction and for a gang-related crime. Petitioner argued that the evidence supporting the gang enhancement was constitutionally insufficient under Jackson v. Virginia, 443 U.S. 307 (1979), and that the enhancement for his nonjury juvenile conviction violated Apprendi v. New Jersey, 530 U.S. 466 (2000).The panel held that it was objectively unreasonable to conclude that the evidence was sufficient for a reasonable jury to find the robbery was committed "in association with" a gang; but it was not objectively unreasonable to conclude that the evidence was sufficient for a reasonable jury to find the robbery was committed "for the benefit of" a gang. The panel also held that the juvenile conviction claim was procedurally barred, and the sentencing enhancements based on nonjury juvenile convictions did not violate any clearly established federal law as determined by the United States Supreme Court. View "Johnson v. Montgomery" on Justia Law