Terry JOHNSON, Petitioner-Appellant, v. Jean HILL, Respondent-Appellee, 358 F. App'x 913

MEMORANDUM Oregon state prisoner Terry Johnson appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm. Johnson contends that the trial court violated his Sixth Amendment rights by imposing consecutive sentences based on factual findings that were not proven beyond a reasonable doubt. Our independent review of the record, see Larson v.

Palmateer, 515 F.3d 1057, 1062 (9th Cir.2008), indicates that the state courts’ rejection of Johnson’s Sixth Amendment claim was not contrary to, and did not involve an unreasonable application of, clearly established Supreme Court law. See 28 U.S.C. § 2254(d)(1); see also Oregon v. Ice, — U.S. ---, 129 S.Ct. 711, 714-15, 172 L.Ed.2d 517 (2009); Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.