UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEANNE S. WOODFORD,
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Argued and Submitted
December 3, 2007—Pasadena, California
Filed June 3, 2008
Before: David R. Thompson, Kim McLane Wardlaw, and
Sandra S. Ikuta, Circuit Judges.
Opinion by Judge Ikuta
Vivian A. Fu, San Francisco, California, for the petitioner-
DELGADILLO v. WOODFORD
Meagan J. Beale, Deputy Attorney General, Office of the
Attorney General of the State of California, San Diego, Cali-
fornia, for the respondent-appellee.
IKUTA, Circuit Judge:
This appeal requires us to consider whether for purposes of
our review under the Antiterrorism and Effective Death Pen-
alty Act (AEDPA), 28 U.S.C. § 2254(d)(1), a state habeas
court’s decision to apply Crawford v. Washington, 541 U.S.
36 (2004), retroactively to uphold a defendant’s sentence is an
unreasonable application of Supreme Court precedent.
Although Whorton v. Bockting, 127 S. Ct. 1173, 1177 (2007),
held that Crawford is not retroactively applicable in federal
habeas proceedings, Danforth v. Minnesota, 128 S. Ct. 1029,
1040-41 (2008), clarified that the rule of nonretroactivity for
federal habeas proceedings is not binding on state habeas
courts. In light of Danforth, we hold that the state habeas
court’s decision to apply Crawford was reasonable. We also
hold that we must defer to the state habeas court’s application
of Crawford to the facts of this case. Therefore, we affirm the
district court’s denial of Delgadillo’s petition for a writ of
On September 22, 2000, Herculano Delgadillo was con-
victed in California state court of multiple counts of threaten-
ing, assaulting, and inflicting corporal injury on his then
girlfriend, now wife, Rosa Ramirez.
On May 19, 2000, Ramirez