Conway

Conway v. Palmer

Good Law
105 F. App'x 153
United States Court of Appeals for the Ninth CircuitJune 22, 2004No. 03-16773California286 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Bob Conway appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his 1996 jury trial conviction for child molestation. He also challenged the state court’s sentence enhancement upon a finding that Conway had suffered two prior 1975 convictions for committing lewd acts upon children, which increased his sentence to a term of 26 years to life. Conway contends the district court erred by holding that he could not collaterally challenge the constitutionality of his 1975 state court convictions through his present section 2254 petition. We affirm.

*154 Where, as here, a petitioner’s state court conviction was later used to enhance a criminal sentence, “the defendant generally may not challenge the enhanced sentence through a petition under § 2254 on the ground that the prior conviction was unconstitutionally obtained.” Lackawanna County Dist. Attorney v. Coss, 532 U.S. 394, 403-04 , 121 S.Ct. 1567 , 149 L.Ed.2d 608 (2001). A habeas petitioner may not collaterally challenge a prior conviction which is “no longer open to direct or collateral attack in its own right,” unless “there was a failure…

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