Kenneth D. Oxborrow, Petitioner-Appellee/cross-Appellant v. Kenneth O. Eikenberry, Norman Carlson, Respondents-Appellants/cross-Appellees

AGUILAR, District Judge:

I

Appellant Oxborrow pled guilty to four state offenses stemming from his participation in a Ponzi pyramid investment scheme which defrauded approximately 900 to 1,200 investors. After unsuccessfully appealing his sentence to the Washington Supreme Court, Oxborrow filed a habeas corpus petition in the United States District Court for the Eastern District of Washington. The district court held that the admission of information at sentencing did not violate Oxborrow’s due process rights, but found that the imposition of consecutive sentences for counts one and two, which…