Berry

MEMORANDUM *

Washington state prisoner Lanyard Berry appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition. Berry was convicted by a Washington state jury of committing four robberies in four days. In sentencing Berry under Washington’s Persistent Offender Accountability Act (“POAA”), Wash. Rev.Code § 9.94A.570, the state court counted two 1975 California assault convictions, even though the sentences for these convictions were stayed by the California court pursuant to California Penal Code section 654, which prohibits multiple punishments, but not multiple convictions, for two or more offenses arising from the same act or indivisible course of conduct. Cal.Penal Code § 654; People v. Pearson, 42 Cal.3d 351 , 228 Cal.Rptr. 509 , 721 P.2d 595, 600 (1986). Berry argues that the use of these assault convictions in calculating his sentence violated his right to proof beyond a reasonable doubt and violated the Due Process, Ex Post Facto, and Full Faith and Credit clauses of the U.S. Constitution. We affirm.

Neither Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), nor Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159…