Massie v. Henry
Massie v. Henry
Opinion of the Court
MEMORANDUM
Scott Massie appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition, challenging the sentence imposed following his guilty plea conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Massie contends that the imposition of consecutive sentences for, inter alia, (1) assault with a deadly weapon, with force to produce great bodily injury,
Because the challenged statutes governing assault and attempted murder as charged here each require proof of an additional element not found in the other statute, they do not constitute the “same offense”; therefore, the trial court did not violate the Double Jeopardy Clause by convicting and sentencing Massie under both statutes. See Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932); see also United States v. Wolfswinkel, 44 F.3d 782, 784-85 (9th Cir. 1995) (deciding the reviewing court focuses on the statutory elements of each offense). Moreover, imposing an enhancement under California Penal Code § 12022.7, for infliction of great bodily injury, does not violate the prohibition against double jeopardy because that statute requires proof of an element, namely intent to inflict great bodily injury, which is not required under
Because there was no double jeopardy violation, the district court properly denied Massie habeas relief. See 28 U.S.C. § 2254(b)(2).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9 th Cir. R. 36-3.
. Cal.Penal Code § 245(a).
. Cal.Penal Code §§ 664 and 187.
. CaLPenal Code § 12022.7.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.