John Walker v. George Deeds

In 1988, John Walker shoplifted $93.41 worth of cologne and cigarettes from a Nevada supermarket. Under Nevada law at that time, the minimum value of property necessary for grand larceny was $100.00. Walker was charged with felony grand larceny for stealing the $93.41 worth of goods and for aiding and abetting a co-defendant who shoplifted $31.77 worth of goods. He was convicted of felony grand larceny.

Walker had three prior felony convictions for minor property crimes. Though the maximum sentence for petty larceny (which Walker exceeded by $25.18) was six months imprisonment, the trial judge sentenced Walker under Nevada’s habitual criminal statute to life imprisonment, with the possibility of parole after ten years. A federal district court rejected Walker’s subsequent habeas petition under 28 U.S.C. § 2254 . On appeal, we reversed and remanded on two of Walker’s claims challenging the constitutionality of his life sentence under the habitual criminal statute. Walker v. Deeds, 976 F.2d 739 (9th Cir.1992). On remand, the district court held an evidentiary hearing on the two claims and again rejected them. Walker again appeals. We have jurisdiction pursuant to 28 U.S.C. § 2253 ,…