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Mask v. McGinnis

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Argued: May 16, 2001

Appeal from a judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) denying Ronald Mask’s petition for a writ of habeas corpus pursuant to 28 U.S.C. � 2254(d)(1). Petitioner contends that the state courts unreasonably applied clearly established Supreme Court precedent by failing to find his plea agreement ambiguous. Finding this contention lacking in merit, we affirm the district court’s judgment.

Petitioner-appellant Ronald Mask, a prisoner in state custody, appeals from a June 22, 1999 judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. � 2254(d)(1). See Mask v. McGinnis, No. 97 Civ. 7211, 1999 WL 401668 (S.D.N.Y. June 17, 1999). Petitioner contends that the state trial court violated his right to due process under the Fourteenth Amendment of the United States Constitution by sentencing him to a term of imprisonment greater than that promised under his plea agreement without giving him the opportunity to withdraw his guilty plea. Finding that petitioner has failed to establish that the state courts unreasonably applied clearly established Supreme Court precedent, we affirm the district court’s denial of the petition.

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