Anderson

Anderson v. Clarke

Good Law
61 F. App'x 482
United States Court of Appeals for the Ninth CircuitApril 18, 2003No. 01-55747; D.C. No. CV-99-05644-WDKCalifornia296 words

Opinion

Lead Opinion

MEMORANDUM **

Lyle Gene Anderson appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253 (a), and we affirm.

Anderson contends that his sentence of 25 years to life under California’s “three-strikes” law for possession of methamphetamine for sale, in violation of California Health and Safety Code § 11378, constitutes cruel and unusual punishment in violation of the Eighth Amendment. We cannot say, however, that the California Court of Appeal’s decision, which concluded that Anderson’s sentence was not grossly disproportionate under Harmelin v. Michigan, 501 U.S. 957 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991), was objectively unreasonable. See Lockyer v. Andrade, — U.S. -, 123 S.Ct. 1166, 1175 , 155 L.Ed.2d 144 (2003) (holding that state court’s affirmance of two consecutive 25-years to life sentences for petty theft was not contrary to or an unreasonable application of clearly established federal law); see also Ewing v. California, — U.S. -, 123 S.Ct. 1179, 1190 , 155 L.Ed.2d 108 (2003) (noting the broad discretion of state legislatures to set punishments for crimes and holding that three-strikes sentence…

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