Atkin

MEMORANDUM **

Appellant Paul Davenport Atkin (“At-kin”) appeals the district court’s denial of his petition for a writ of habeas corpus based on the disproportionality of his sentence to his crime: twelve years’ imprisonment plus lifetime probation for simple possession of fifteen items of child pornography. In light of the Supreme Court’s recent decisions in Ewing v. California, — U.S. -, 123 S.Ct. 1179 , 155 L.Ed.2d 108 (2003), and Lockyer v. Andrade, — U.S. -, 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003), we now affirm.

On December 1,1995, Atkin, who had no prior criminal convictions, was indicted in Arizona Superior Court on fifteen counts of first-degree sexual exploitation of a minor under fifteen, in violation of Ariz.Rev. Stat. §§ 13-3553(A)(2) and 13-604.01. The indictment was based on Atkin’s possession of fourteen pictures cut from magazines and one videotape depicting minors engaged in sexual conduct.

If convicted of all fifteen first-degree counts charged in the indictment, Atkin faced fifteen consecutive mandatory sentences totaling, at the very least, 150 years. Faced with the possibility of a mandatory life sentence without parole, Atkin chose to plead guilty to one…