United States Ninth Circuit

Clearly established federal law did not require the consideration of sentencing enhancements as an element of an offense for purposes of the Double Jeopardy Clause of the Fifth Amendment, and thus, defendant's claim that his convictions for assault with a deadly weapon with great bodily injury enhancement, and infliction of corporal injury on a spouse with deadly weapon enhancement, did not violate the Double Jeopardy Clause, and his petition for habeas corpus was properly denied.

Appellate Information

• Decided 02/05/2013
• Published 02/05/2013

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel