Quarles

Quarles v. Lambert

Good Law
10 F. App'x 602
United States Court of Appeals for the Ninth CircuitJune 1, 2001No. 00-35260; D.C. No. CV-99-05080-RHWCalifornia274 words

Opinion

Lead Opinion

MEMORANDUM **

Gary L. Quarles appeals pro se the district court’s dismissal of his 28 U.S.C. *603 § 2254 habeas petition on procedural grounds. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Quarles contends he was not procedurally barred by Washington’s statute of limitations for filing a post-conviction collateral attack challenging his current state sentence as enhanced by an allegedly invalid prior conviction. Quarles’ contention, however, is foreclosed by the United States Supreme Court’s recent decision in Lackawanna County District Attorney v. Coss, 532 U.S. 394 , 121 S.Ct. 1567 , 149 L.Ed.2d 608 (2001) (holding that § 2254 relief is unavailable to a state prisoner who challenges a current sentence on the ground that it was enhanced based on an allegedly unconstitutional prior conviction).

Because Quarles did not timely appeal or collaterally attack the prior conviction in question, Quarles may not now challenge in a § 2254 petition the instant sentence as enhanced by the prior conviction on the grounds that the prior conviction was unconstitutionally obtained. See id., 532 U.S. 394 , 121 S.Ct. at 1574 (stating that “once a state conviction is no…

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