MICHAEL R. BRANAN, PETITIONER-APPELLANT,
v.
WILLIAM E. BOOTH, AND ROBERT A. BUTTERWORTH, ATTORNEY GENERAL OF THE STATE OF FLORIDA, RESPONDENTS-APPELLEES
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Federal courts cannot grant habeas relief for issues solely based on state law, even if framed as federal constitutional claims.
Petitioner, convicted in state court, filed a federal habeas corpus petition alleging the trial judge improperly departed from state sentencing guidel…
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PER CURIAM:
Petitioner-appellant, Michael R. Branan, a Florida prisoner, seeks review of the district court’s dismissal with prejudice of his petition for writ of habeas corpus (28 U.S. C. § 2254). Branan was convicted of sexual battery with slight force and sentenced to 15 years in prison by a Palm Beach County Circuit Court in 1984. After exhausting state remedies, Branan filed the instant petition for habeas relief. In his petition, Branan alleges that he was denied due process and equal protection because the trial judge relied on invalid reasons in departing from the Florida sentencing guidelines (Fla.R.Crim.P. 3.701) and increasing Branan’s sentence from the recommended 12-30 months to 15 years. The district court dismissed the petition with prejudice, finding the issue to be one of state law and, thus, not cognizable in a federal habeas action. We affirm.
The applicable statute, 28 U.S.C. § 2254(a), provides:
The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.
It is clear from the foregoing statute that a habeas petition grounded on issues of state law provides no basis for habeas relief. Carrizales v. Wainwright, 699 F. 2d 1053, 1054-55 (11th Cir.1983). In the area of state sentencing guidelines in particular, we consistently have held that federal courts can not review a state’s alleged failure to adhere to its own sentencing procedures. Jones v. Estelle, 622 F. 2d 124, 126 (5th Cir.), cert. denied, 449 U.S. 996, 101 S.Ct. 537, 66 L.Ed.2d 295 (1980); Nichols v. Estelle, 556 F. 2d 1330, 1331 (5th Cir.1977), cert. denied, 434 U.S. 1020, 98 S.Ct. 744, 54 L.Ed.2d 767 (1978); Willeford v. Estelle, 538 F. 2d 1194, 1196-98 (5th Cir.1976). This limitation on federal habeas review is of equal force when a petition, which actually involves state law issues, is “couched in terms of equal protection and due process.” Willeford, 538 F. 2d at 1198.
In the instant case, petitioner argues that the trial judge misinterpreted Florida law regarding departure from recommended guidelines for sentencing. He cites numerous Florida cases and argues that, if the trial judge had correctly interpreted Florida case law and the Florida Rules of Criminal Procedure, petitioner would have been given a shorter sentence. As a result of these alleged violations of state law, petitioner argues, he is being denied due process and equal protection as guaranteed by the Constitution of the United States.
It is our opinion that the petition raises issues of state law only and, thus, must be dismissed. Although petitioner alleges violations of federal law, it is clear that this petition is based exclusively on state law issues which are merely “couched in terms of equal protection and due process.” Willeford, 538 F. 2d at 1198. Were this Court to undertake a review of the instant petition, we would have to conduct an examination of Florida case law and of the Florida Rules of Criminal Procedure. This we will not and can not do.1
Because the instant petition raises only questions of state law and because we are bound by our prior decisions, we hereby AFFIRM the district court’s dismissal with prejudice of the petitioner’s writ of habeas corpus.
AFFIRMED.
. Like the district court, we express no opinion on the trial court’s interpretation of Florida law.
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Garrett Foster v. State, 764 So. 2d 919 (Fla. 4th DCA 2000)…llowing the grant of his petition for habeas corpus by the Eleventh Circuit Court of Appeals. We have jurisdiction because appellant has raised issues which must be resolved by application of Florida’s sentencing laws. See generally Branan v. Booth, 861 F. 2d 1507 (11th Cir.1988)(issues of state law are to be raised only in state courts and are not cognizable in federal habeas actions); see also Duncan v. Henry, 513 U.S. 364, 115 S.Ct. 887, 130 L.Ed.2d 865 (1995)(a defendant must first exhaust all state claim…
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Anton Tuomi v. Sec'y, Fla. Dep't of Corr., 980 F.3d 787 (11th Cir. 2020)…e.g., McCullough v. Singletary, 967 F.2d 530, 535 (11th Cir. 1992) (“A state's interpretation of its own laws or rules provides no basis for federal habeas corpus relief, since no question of a constitutional nature is involved.”); Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988) (explaining that “a habeas petition grounded on issues of state law provides no basis for habeas relief” even when “couched” in terms of federal constitutional violations). 12 USCA11 Case: 17-14373 Date Filed: 11/13/2020 Pag…1 / 2
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Tower v. O.J. Phillips, 7 F.3d 206 (11th Cir. 1993)…uld have been enforced according to his interpretation of its terms, or that the State was ever even aware of his interpretation of the agreement. . This claim was dismissed by the district court as purely an issue of state law. See Branan v. Booth, 861 F. 2d 1507, 1508 (11th Cir.1988). Towler does not challenge the disposition of this claim on appeal. . Rule 3.850 provides in relevant part: No ... motion [other than motions to vacate a sentence in excess of the legal limits] shall be filed or considered purs…
Previewing 3 of 96 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wright v. Oklahoma, 434 U.S. 1020 (U.S. 1978)
- Wilson v. Volkswagen of Am., Inc., 434 U.S. 1020 (U.S. 1978)
- Willeford v. Estelle, 538 F.2d 1194 (5th Cir. 1976)
- Carrizales v. Louie L. Wainwright, 699 F.2d 1053 (11th Cir. 1983)
- Jones v. Estelle, 622 F.2d 124 (5th Cir. 1980)
- Mauldin v. Grant, 449 U.S. 996 (U.S. 1980)
- Patterson v. Mercer, 449 U.S. 996 (U.S. 1980)
- Rush O. Nichols v. Estelle, 556 F.2d 1330 (5th Cir. 1977)