United States District Court, D. Idaho
MARK D. BEAVERS, Petitioner,
STEVE LITTLE, Respondent.
MEMORANDUM DECISION AND ORDER
C. NYE CHIEF U.S. DISTRICT COURT JUDGE.
in this matter, the Court dismissed all of Petitioner Mark D.
Beavers' claims except Claims 1 and 12. Respondent has
filed an Answer and Brief in Support of Dismissal. Dkt. 28.
Petitioner was provided with an extension of time through
March 14, 2019, in which to file a reply. Dkt. 65. He has
elected not to file anything further in support of his
Court takes judicial notice of the parties' lodging of
the state court record. See Fed. R. Evid. 201(b);
Dawson v. Mahoney, 451 F.3d 550, 551 (9th Cir.
2006). Having carefully reviewed the record and considered
the arguments of the parties, the Court enters the following
Idaho Court of Appeals described the facts of the underlying
charges against Petitioner as follows:
After receiving reports of a strong odor of marijuana
emanating from Beavers' home, police obtained a search
warrant. During the search of Beavers' home, police
discovered forty-five growing marijuana plants, jars
containing marijuana, and literature on growing marijuana.
Police also discovered scales, bags, and paraphernalia.
Beavers was arrested and charged with trafficking in
marijuana and possession of a controlled substance with the
intent to deliver [in one case].
While Beavers was out on bond on those charges, he was
arrested for selling marijuana to an undercover police
officer. Police again obtained a search warrant for his home
and discovered growing marijuana plants, seeds, bags, scales,
and jars containing marijuana. Beavers was charged with
trafficking in marijuana, possession of a controlled
substance with the intent to deliver, and delivery of a
controlled substance in [a second case].
State's Lodging B-5 at 1-2.
was convicted of both sets of crimes in two separate cases
and trials in the First Judicial District Court in Coeur
d'Alene, Idaho. In the second case that is the subject of
this action, he was convicted of trafficking in marijuana
under Idaho Code § 37-2732(a)(1)(B); possession of
marijuana with intent to deliver under I.C. § 37-
2732(a)(1)(A); delivery of marijuana under I.C. §
37-2732(a)(1)(B); and sentencing enhancements.
sets of crimes were eventually consolidated for sentencing.
The district court sentenced Petitioner to a unified term of
twelve years with two years determinate for trafficking, a
concurrent unified term of five years with two years
determinate for possession with intent to deliver, and a
consecutive sentence of three years determinate for delivery.
habeas corpus action challenges only the second set of
charges. Attorney Martin Neils, of the Kootenai County Public
Defender Office, represented Petitioner at his first trial;
Attorney Staci Anderson represented Petitioner at his second
AEDPA Deferential Review Standard
Federal habeas corpus relief may be granted where a
petitioner “is in custody in violation of the
Constitution or laws or treaties of the United States.”
28 U.S.C. § 2254(a). A challenge to a state court
judgment that addressed the merits of any federal claims is
governed by Title 28 U.S.C.§ 2254(d), as ...