Rigsby
Rigsby v. Lockyer
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Clarence Rigs-by appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus, challenging his sentence imposed following his guilty plea conviction for possession of methamphetamine. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.
Rigsby contends that his 25 years-to-life sentence under California’s three strikes law, California Penal Code section 667, constitutes cruel and unusual punishment. This contention was recently foreclosed by the Supreme Court’s decisions in Lockyer v. Andrade, — U.S. -, 123 S.Ct. 1166, 1175 , 155 L.Ed.2d 144 (2003) (holding that a state court’s decision to affirm petitioner’s two consecutive 25-years-to-life terms under the three strikes law was not contrary to, or an unreasonable application of, clearly established Federal law), and Ewing v. California, — U.S. -, 123 S.Ct. 1179, 1190 , 155 L.Ed.2d 108 (2003) (holding that a 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).