FILED
NOT FOR PUBLICATION APR 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL WOODS, No. 09-56373
Petitioner - Appellant, D.C. No. 8:06-cv-00069-AG-JWJ
v.
MEMORANDUM*
DERRAL G. ADAMS, Warden, Substance
Abuse Treatment Facility and State Prison,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Argued and Submitted April 15, 2011
Pasadena, California
Before: KOZINSKI, Chief Judge, D.W. NELSON and BYBEE, Circuit Judges.
The district court did not err in denying Woods’s petition for a writ of
habeas corpus. The California Court of Appeal’s conclusion that Woods had failed
to establish prejudice because he was able to get virtually all of Sheridan’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
statements into evidence through other witnesses was not unreasonable. See
United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982).
The California Court of Appeal’s determination that the trial court properly
permitted Sheridan to claim his Fifth Amendment privilege was similarly not in
error. See Mitchell v. United States, 526 U.S. 314, 326 (1999) (“Where the
sentence has not yet been imposed a defendant may have a legitimate fear of
adverse consequences from further testimony.”).
AFFIRMED.
2