Joseph William Pesce v. D.J. McCarthy John Van De Kamp

69 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph William PESCE, Petitioner-Appellant, v. D.J. McCARTHY; John Van De Kamp, Respondents-Appellees. No. 95-15516. United States Court of Appeals, Ninth Circuit. Submitted Oct. 19, 1995. * Decided Oct. 27, 1995. Before: SNEED, PREGERSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** FACTS AND PRIOR PROCEEDINGS 2 In November 1982, Pesce was charged with escape, burglary, and receiving stolen property. Pesce pled guilty to the receiving stolen property charge and admitted that he had two prior serious felony convictions for burglary. ER, 143 A jury then convicted Pesce of burglary, and he pled guilty to the escape charge. ER, 122-23. Because Pesce admitted two prior "serious" felony convictions, the state court added two consecutive five-year sentences to Pesce's 3 year and 8 month sentence. ER, 12. 3 After exhausting his state appeals, Pesce sought habeas relief in the federal district court. The district court…