Citation Codes Equivalent Citations citation codes Docket Number No. 07-15267. Attorney(S) Aaron Edward Pettijohn, Buckeye, AZ, pro se. Katia Mehu, Esq., AGAZ-Office of the Arizona Attorney General, Phoenix, AZ, for Respondents-Appellees. Judges William Cameron Canby Atsushi Wallace Tashima Johnnie B. Rawlinson Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — State Custody; Remedies In Federal Courts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Finality Of Determination See more information ... Smart Summary Please sign up to generate summary. Aaron Edward PETTUOHN, Petitioner-Appellant, v. BARTOS, Warden; et al., Respondents-Appellees. MEMORANDUM This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Aaron Edward Pettyohn, an Arizona state prisoner, appeals pro se from the dismissal as untimely of his 28 U.S.C. § 2254 habeas corpus petition claiming that his sentence was unconstitutional under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). He contends that his habeas petition was timely under 28 U.S.C. § 2244(d)(1)(C) because he filed a state court post-conviction petition within one year of Blakely. As stated by the district court, this contention lacks merit because the Supreme Court has not held that Blakely is retroactively applicable to cases on collateral review. See Tyler v. Cain, 533 U.S. 656, 662, 121 S.Ct. 2478, 150 L.Ed.2d 632 (2001) (interpreting § 2244(b)(2)(A)); Schardt v. Payne, 414 F.3d 1025, 1038 (9th Cir. 2005), cert. dismissed (U.S. June 29, 2006) (No. 05-9237). AFFIRMED.