Sampson
Sampson v. Duncan
Opinion
Lead Opinion
MEMORANDUM **
Eddie L. Sampson appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his 1995 convictions and sentence for two counts of residential burglary, in violation of Cal.Penal Code § 459. *391 We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.
Sampson contends that his prior 1994 conviction should not have been used to enhance his sentence because the attorney who represented him in that proceeding rendered ineffective assistance of counsel. Sampson’s contention is foreclosed by Lackawanna County Dist. Attorney v. Cross, 532 U.S. 394, 403-04 , 121 S.Ct. 1567 , 149 L.Ed.2d 608 (2001) (holding that a defendant generally may not challenge an enhanced sentence through a section 2254 petition on the ground that the prior conviction was unconstitutionally obtained).
Sampson next contends that he again received ineffective assistance of counsel in 1995, because, as a result of a conflict of interest, his attorney failed to obtain a favorable ruling on a motion in limine to invalidate his 1994 conviction. This contention is…