Aquino

MEMORANDUM **

Washington state prisoner Bladimir Analco Aquino appeals from the district *603 court’s judgment denying his § 2254 petition challenging his conviction for first degree robbery, first degree theft, theft of a firearm, taking a motor vehicle without permission, and attempted first degree murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the dismissal of a § 2254 petition, see Lott v. Mueller, 304 F.3d 918, 922 (9th Cir.2002), and affirm.

Aquino contends that his Fifth Amendment right not to be subjected to double jeopardy has been violated because the charges for first degree theft, theft of a firearm, and taking a motor vehicle without permission are included in the first degree robbery charge, and are, therefore, the “same offense.”

We conclude that the Washington state court’s decision was neither contrary to, nor an unreasonable application of, clearly established Supreme Court law. See 28 U.S.C. § 2254 (d)(1). The Double Jeopardy Clause was not violated in this case, because each of the charges requires proof of an element that the other charges do not. See Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed.…