Anthony J. Ellis v. Ana M. Olivarez

46 F.3d 1140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 J. ELLIS, Petitioner-Appellant, v. ANA M. OLIVAREZ, Respondent-Appellee. No. 94-16178. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 30, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Anthony Jerome Ellis appeals pro se the district court's summary denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction and sentence for burglary. We have jurisdiction under 28 U.S.C. Sec. 2253 and affirm. 3 In 1975, Ellis pleaded guilty to a state burglary charge. In 1992, he committed a second burglary and the state court enhanced his sentence by five years after finding that the 1975 burglary was of an inhabited dwelling and therefore constituted a "violent felony" as defined by California Penal Code Sec. 1192.7. 4 In his habeas petition, Ellis challenged the sentencing enhancement citing…