Anthony Paul Maxwell v. Bernie Aispuro, Warden Attorney General of California

979 F.2d 855 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Anthony Paul MAXWELL, Petitioner-Appellant, v. Bernie AISPURO, Warden; Attorney General of California, Respondents-Appellees. No. 91-55501. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 16, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Anthony Maxwell, a California state prisoner, appeals pro se the denial of his habeas corpus petition. He contends that the district court erred in determining that it lacked jurisdiction over his petition. He claims that because his 1981 misdemeanor sentence was improperly enhanced by an invalid 1980 conviction, it was void. Further, he claims that because the state court ordered his 1982 sentence to run consecutively to the allegedly void 1981 conviction, he is still "in custody" under the 1980 conviction, and the district court therefore had jurisdiction to hear his challenge to that conviction. We…