Massie
Massie v. Henry
Opinion
Lead Opinion
MEMORANDUM **
Scott Massie appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition, challenging the sentence imposed following his guilty plea conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
Massie contends that the imposition of consecutive sentences for, inter alia, (1) assault with a deadly weapon, with force to produce great bodily injury, 1 and (2) unwillful, deliberate, premeditated attempted murder, 2 along with special allegations of infliction of great bodily injury 3 violates the Double Jeopardy prohibition against multiple punishments for the same offense. We review de novo the district court’s denial of a section 2254 habeas petition. Bean v. Calderon, 163 F.3d 1073, 1077 (9th Cir.1998).
Because the challenged statutes governing assault and attempted murder as charged here each require proof of an additional element not found in the other statute, they do not constitute the “same offense”; therefore, the trial court did not violate the Double Jeopardy Clause by convicting and sentencing Massie under both statutes. See Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932); see…