What is the test for habeas corpus relief against the imposition of the upper term?
MultiRegion, United States of America
The following excerpt is from McGuire v. Martel, 1:11-CV-00330 GSA HC (E.D. Cal. 2012):
He also claims the imposition of the upper term violates the state proscription against dual use of enhancements or elements of the offense as aggravating factors. The issue is one of application of state law and therefore not cognizable on federal habeas review. Estelle v. McGuire, 502 U.S. 62, 67, (1991) ("We have stated many times that 'federal habeas corpus relief
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