Johnson v. Hill
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 28, 2026
Docket25-4046
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 28 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
THOMAS JOHNSON, No. 25-4046
D.C. No.
Petitioner - Appellant, 3:24-cv-00743-BJC-MMP
v.
MEMORANDUM*
JAMES HILL,
Respondent - Appellee.
Appeal from the United States District Court
for the Southern District of California
Benjamin J. Cheeks, District Judge, Presiding
Submitted October 22, 2026 **
Pasadena, California
Before: MURGUIA, Chief Judge, JOHNSTONE, Circuit Judge, and ORRICK,
District Judge. ***
Petitioner Thomas Johnson appeals the denial of his petition for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2254. Because the parties are familiar
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable William Horsley Orrick, United States District Judge
for the Northern District of California, sitting by designation.
with the factual and procedural history of the case, we do not recount them here.
We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(c), and we affirm.
We review de novo a district court’s denial of a habeas petition. Prescott v.
Santoro, 53 F.4th 470, 477 (9th Cir. 2022). Under the Antiterrorism and Effective
Death Penalty Act (“AEDPA”), habeas relief may not be granted unless a state
court’s adjudication of a claim: “(1) resulted in a decision that was contrary to, or
involved an unreasonable application of, clearly established Federal law, as
determined by the Supreme Court of the United States; or (2) resulted in a decision
that was based on an unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d).
Johnson contends that the twenty-eight-year sentence he received, based in
part on his prior out-of-state attempted armed robbery conviction, violated his
Sixth Amendment rights as interpreted in Apprendi v. New Jersey, 530 U.S. 466,
489–90 (2000). According to Johnson, the California Court of Appeal
misapprehended the facts when it concluded that Johnson admitted to personal use
of a dangerous or deadly weapon during his plea colloquy, affirming an enhanced
sentence based on his prior “serious felony” and first strike under California’s
Three Strikes Law. Cal. Penal Code § 667(a)(1), (e)(1).
We need not decide if Johnson has shown that the state court decision was
contrary to clearly established federal law. Even if Johnson could establish a
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constitutional violation, he fails to show prejudice from the asserted constitutional
error. An Apprendi error will not warrant habeas relief unless it had a “substantial
and injurious effect” on the sentence. Brecht v. Abrahamson, 507 U.S. 619, 637
(1993) (citation omitted); Estrella v. Ollison, 668 F.3d 593, 598–600 (9th Cir.
2011) (denying habeas relief because an Apprendi error was harmless). Johnson
has made no attempt to establish “grave doubt” that a jury would have reached the
same conclusion. Estrella, 668 F.3d at 598 (citation omitted).
AFFIRMED.
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