Walters

MEMORANDUM **

Tommy Lee Walters, a California state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition challenging his “three strikes” sentence for two counts of petty theft with a prior as cruel and unusual punishment. We have jurisdiction pursuant to 28 U.S.C. § 2258 . We affirm.

Walters contends his sentence under California’s “three strikes” law violates the Eighth Amendment’s prohibition against cruel and unusual punishment. 1 We conclude that the California state courts did not unreasonably apply clearly established law in upholding Walters’ sentence. See Ewing v. California, — U.S. -, 123 S.Ct. 1179, 1190 , 155 L.Ed.2d 108 (2003) (acknowledging broad discretion possessed by legislatures and holding that three-strikes sentence of 25 years to life for felony grand theft was not grossly disproportionate); Lockyer v. Andrade, — U.S. -, 123 S.Ct. 1166, 1175 , 155 L.Ed.2d 144 (2003) (on habeas review, holding that state court’s affirmance of two consecutive 25-years-to-life sentences for petty theft was neither contrary to nor an unreasonable application of clearly established law). The district court therefore properly denied Walters’…