Perry Scott Brenkman v. Sam Lewis

34 F.3d 1071 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Perry Scott BRENKMAN, Petitioner-Appellant, v. Sam LEWIS, et al., Respondents-Appellees. No. 93-17089. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Perry Scott Brenkman appeals the denial of his petition for a writ of habeas corpus. He argues that the district court erred in concluding that the consecutive sentences imposed upon his conviction of two counts of burglary and two counts of sexual assault did not violate the Double Jeopardy Clause of the Fifth Amendment or the Due Process Clause of the Fourteenth Amendment. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and we affirm. 3 * Appellees argue as a preliminary matter that Brenkman has failed to exhaust his state remedies on his due process and double jeopardy claims. 4 We may not grant a petition for a writ of habeas…