Matthew F. Holgerson v. Mike Knowles, Acting Warden

Matthew F. Holgerson appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . He argues that California’s decision to count his out-of-state convictions as strikes when it sentenced him under California’s three-strikes law denied him due process. The district court had jurisdiction under 28 U.S.C. § 2254 (a). It concluded that Holgerson was not entitled to habeas relief and denied the petition. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s denial of habeas relief under section 2254, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), and affirm.

I.

In October, 1995, Holgerson broke into a home in Hillsborough, California, and he was discovered by a resident. He told the resident that he was desperate and asked for money. After giving Holgerson. $63, the resident led him to the door. Holger-son said he was hungry and went to the kitchen, took some ice cream, tortilla chips, and a jar of coffee and then left the house.

An information was filed in California Superior Court charging Holgerson with one count of first degree robbery and two counts of first degree…