Hernandez

MEMORANDUM **

A jury convicted Defendant Victor Manuel Hernandez of felony possession of .06 grams of PCP. The trial court sentenced him to an indeterminate life term with a minimum term of 25 years, pursuant to California’s “Three Strikes Law,” Cal.Penal Code § 1170.12. The district court denied Defendant’s petition for habeas corpus, ruling that, under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254 (d)(1), the state appellate court’s determination that Defendant’s sentence did not violate the Eighth Amendment was not an unreasonable application of clearly established federal law. The district court granted Defendant’s petition for a certificate of appealability. On de novo review, DePetris v. Kuykendall, 239 F.3d 1057, 1061 (9th Cir.2001), we affirm.

Defendant’s petition for a writ of habeas corpus is governed by AEDPA, 28 U.S.C. § 2254 (d). “Under AEDPA, we may reverse a state court’s decision denying relief only if that decision is ‘contrary to, or involves an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States.’ ” Van Tran v. Lindsey, 212 F.3d *825 1143, 1149 (9th Cir.)…