Can a claim of error in sentencing make a claim for federal habeas corpus relief?

MultiRegion, United States of America

The following excerpt is from Jensen v. Hernandez, 864 F.Supp.2d 869 (E.D. Cal. 2012):

Claims of state sentencing error are not generally cognizable in a federal habeas corpus proceeding. As discussed above, habeas corpus relief is unavailable for alleged errors in the interpretation or application of state sentencing laws by either a state trial court or appellate court. Souch v. Schaivo, 289 F.3d 616, 623 (9th Cir.2002) ([N]either an alleged abuse of discretion by the trial court in choosing consecutive sentences, nor the trial court's alleged failure to list reasons for imposing consecutive sentences, can for the basis for federal habeas relief.); Cacoperdo v. Demosthenes, 37 F.3d 504, 507 (9th Cir.1994) ([t]he decision whether to impose sentences

[864 F.Supp.2d 938]

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