Pliler

MEMORANDUM **

California State prisoner Alvin Ray Johnson appeals pro se the denial of his 28 U.S.C. § 2254 petition challenging this “three-strikes” sentence for selling or furnishing cocaine with five prior qualifying felony convictions. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Johnson contends that his 25 years to life sentence under California’s “three-strikes” law for selling or furnishing cocaine, in violation of Cal. Health & Safety Code § 11352 (a), violates the Eighth Amendment guarantee against cruel and unusual punishment. This contention is foreclosed by the Supreme Court’s recent decisions in Ewing v. California, — U.S. -, 123 S.Ct. 1179, 1190 , 155 L.Ed.2d 108 (2003) (noting the broad discretion possessed by legislatures and holding that petitioner’s 25 years to life sentence under the California “three-strikes” law did not violate the Eighth Amendment’s prohibition on cruel and unusual punishment), and Lockyer v. Andrade, — U.S. -, 123 S.Ct. 1166, 1174-75 , 155 L.Ed.2d 144 (2003) (affirmance of two consecutive 25-years to life sentences for petty theft was *181 not contrary to or an unreasonable application of clearly established federal…