Michael David LENDAHL, Petitioner-Appellant, v. PALOSAARI, Warden ASPC Douglas and State of Arizona Attorney General, Respondents-Appellees, 403 F. App'x 205

MEMORANDUM Although Lendahl exhausted his claim that his sentence was improperly enhanced because a judge, not a jury, found the facts underlying the enhancement, we affirm the district court’s denial of his federal habeas petition. The state court’s denial of Lendahl’s claim was not an unreasonable application of clearly established Federal law, because no Supreme Court precedent clearly establishes that a prior conviction must be proved to a jury when it is used as a sentencing factor. See Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998).

Further, Lendahl’s claim that he did not knowingly and intelligently waive his right to a jury determination of any aggravating factors is unavailing, given that Lendahl’s plea agreement and colloquy reflect that he knew and understood his jury-sentencing rights, consulted his attorney regarding those rights and the consequences of waiving them, and then agreed, orally and in writing, to give up those jury-sentencing rights. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.