Pedro Aponte v. James H. Gomez, Director, California Department of Corrections Attorney General for the State of California
Opinion
Opinion
Nelson, J.
Pedro Aponte (Aponte), a California state prisoner, appeals pro se the district court’s denial of his habeas petition. The district court had jurisdiction under 28 U.S.C. §§ 2241 , 2254. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. §§ 1291 , 2253 and affirm.
I.
FACTS AND PROCEDURAL HISTORY
Aponte was arrested on November 1,1987, for various drug offenses. He pled guilty to transportation of cocaine in violation of California Health & Safety Code (HSC) § 11352 (Count 1) and possession of cocaine for sale in violation of HSC § 11351.5 (Count 2). Aponte also conceded that the substance containing cocaine exceeded twenty-five pounds within the meaning of HSC § 11370.4(a).
Aponte was sentenced to a mid-term level of four years as to Count 1 and to a consecutive ten-year term pursuant to HSC § 11370.4(a)(3), for a total of fourteen years in prison. Aponte sought habeas relief contending that because his sentence exceeds twice the number of years imposed as a base level, he was sentenced in violation of California Penal Code § 1170.1(g) which, in 1987, did not permit a sentence in excess of twice the base term (i.e., eight years).