Lonnie Poslof, Sr. v. James Yates

MEMORANDUM

Lonnie Lee Poslof, Sr., appeals the district court’s denial of his petition for a writ of habeas corpus, arguing that his sentence of 27 years to life in state prison is cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

In 1992, Poslof pled guilty to two counts of lewd and lascivious acts with a child in violation of California Penal Code § 288. He served a sentence in California State prison and was released on parole in 1995.

Because Poslof was convicted of a felony sex offense, California law required that he register his residence with the local authorities. He was required to register any additional residence, Former § 290(a)(1)(B), or any change of residence within five working days, Former § 290(a)(1)(A). California law declared willful violation of the registration requirement to be a felony punishable by imprisonment “for 16 months, or two or three years.” Former § 290(g)(2).

In August 2002, Poslof claimed to be residing part-time at two different residences. He had registered only one of them. He had not registered the residence that he had…