Robert R. Henderson v. William Bunnell, Superintendent, Attorney General of the State of California

958 F.2d 377 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert R. HENDERSON, Petitioner-Appellant, v. William BUNNELL, Superintendent, Attorney General of the State of California, Respondents-Appellees. No. 88-6406. United States Court of Appeals, Ninth Circuit. Submitted March 13, 1992. * Decided March 17, 1992. Before BROWNING, POOLE and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Robert R. Henderson, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 In 1985, Henderson was convicted of second degree robbery, and his sentence was enhanced pursuant to California Penal Code § 667 by two prior felony convictions, one of which he received in 1979, prior to the enactment of section 667. He argues that application of section 667 to enhance his 1985 conviction by his 1979 prior conviction violates the ex…