Marshall

Ronnie Von Robinson, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition seeking 119 days additional custody credits toward his sentence. Robinson argues that California Penal Code § 2900.5 1 violates the Equal Protection Clause by making an arbitrary distinction between multiple offenders sentenced to concurrent sentences on the same day and multiple offenders sentenced to concurrent sentences on different days.

On two different days, Robinson pleaded guilty to separate indictments in different branches of the Los Angeles Superior Court charging robberies that were unrelated but were all committed on October 31, 1991. On two other days, he was sentenced for those separate robberies. In the San Fernando branch, Robinson pleaded guilty to and was subsequently sentenced on one count of robbery with use of a firearm and in the Van Nuys branch, he pleaded guilty to and was subsequently sentenced on two counts of robbery with use of a firearm.

Robinson contends that had he been sentenced for his offenses on the same day, his presentence custody credit would have been applied to all his convictions. However, as there was a…