David Nichols v. Jeffrey Beard

MEMORANDUM

David Allen Nichols was convicted by a jury in California Superior Court of failing to register as a sex offender under former § 290(f) of the California Penal Code, which required a convicted sex offender to notify the police within five days of a change of address.

The jury also determined that Nichols had previously been convicted of three serious or violent felonies. The Superior Court sentenced Nichols to 28 years to life in prison — 25 years as a base term and one year for each of Nichols’ prior prison terms, pursuant to California’s Three Strikes Law. On appeal, the California Court of Appeal held that Nichols’ sentence did not violate the Eighth Amendment’s prohibition against cruel and unusual punishment. The district court dismissed Nichols’ habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253 and affirm.

“[A] state prisoner may not obtain federal habeas relief for any claim that was adjudicated on the merits by a state court unless the state court’s decision was (1) contrary to clearly established federal law as determined by the Supreme Court, (2) involved an unreasonable application of such clearly established law, or (3) was based on an…