Burton

MEMORANDUM *

Lonnie Lee Burton (“Burton”) appeals the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . In 1994, a jury convicted Burton of rape in the first degree, robbery in the first degree, and burglary in the first degree. 1 Burton challenges his consecutive sentence of 304 months for the rape, 153 months for the robbery, and 105 months for the burglary, for a total of 562 months on several constitutional grounds. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm. We review de novo a district court’s denial of a petition for writ of habeas corpus under 28 U.S.C. § 2254 . Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001).

I.

The state argues that the district court lacked jurisdiction over Burton’s 2002 habeas petition because this court had not granted leave to file a “second or successive” petition pursuant to 28 U.S.C. § 2244 (b)(3)(A). We disagree. In 1998, Burton filed his first federal habeas petition challenging his conviction. At that time, the state court judgment as it related to Burton’s sentence was not yet final because Burton’s challenge to his sentence was still pending before the state court of…