Jesus Garcia Delgado v. Gail Lewis, Deputy Warden Attorney General of the State of California

THOMAS, Circuit Judge:

This appeal returns to us on remand from the Supreme Court for further consideration in light of Smith v. Robbins, 528 U.S. 259, 120 S.Ct. 746, 145 L.Ed.2d 756 (2000), decided after the issuance of our prior opinion in this case. See Delgado v. Lewis, 181 F.3d 1087 (9th Cir.1999) (‘Delgado I”). After reconsideration, we conclude that Smith alters our analysis, but not the result. Thus, we affirm the district court.

I

The factual background of this case was described in Delgado I, making it unnecessary for us to detail it here. In brief, Delgado pled guilty in California…