Andy Bernard Taylor v. Gail Lewis, Warden

Opinion by Judge O’Scannlain; Concurrence by Judge Thomas

In this habeas case we review whether it was an unreasonable application of federal constitutional law for a California state court to decide that a “three strikes” sentence of 25 years to life for possessing 0.036 grams of cocaine did not violate the Eighth Amendment.

I

A

On the afternoon of August 30, 1998, police officers in Bakersfield, California, observed Andy Bernard Taylor fail to obey a stop sign while riding his bicycle. One of the officers recognized Taylor. The police stopped him and, with Taylor’s consent, performed a search of his person. They found a glass pipe used for smoking cocaine base and other paraphernalia. Underneath the sweatband of Taylor’s baseball cap, the officers also found small amounts of a substance they suspected to be rock cocaine. Subsequent testing confirmed that the substance contained 36 milligrams (0.036 grams) of cocaine base.

B

The State of California charged Taylor with felony possession of cocaine, in violation of California Health & Safety Code § 11350(a), and misdemeanor possession of narcotics paraphernalia, in violation of Health & Safety Code § 11364.

The State also…

concurring:

Because I believe that the state court decision was not an objectively unreasonable application of clearly established federal law as determined by the Supreme Court of the United States, I concur in the judgment.

460 F.3d 1093 Andy Bernard TAYLOR, Petitioner-Appellant, v. Gail LEWIS, Warden, Respondent-Appellee. No. 04-17517. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 2006. Filed August 15, 2006. COPYRIGHT MATERIAL OMITTED Kevin G. Little, Fresno, CA, argued the cause for the petitioner-appellant. Samya Burney, Fresno, CA, was on the brief. Justain P. Riley, Deputy Attorney General, Sacramento, CA, argued the cause for the respondent-appellee, which filed no brief. Respondent-appellee provided the notification required by Circuit Rule 31-2.3. The court granted permission to argue pursuant to Fed. R.App. P. 31(c). Appeal from the United States District Court for the Eastern District of California; Robert E. Coyle, Senior Judge, Presiding. D.C. No. CV-02-05655-REC. Before GOODWIN, O'SCANNLAIN, and THOMAS, Circuit Judges. Opinion by Judge O'Scannlain; Concurrence by Judge Thomas O'SCANNLAIN, Circuit Judge. 1 In this habeas case we review whether it was an unreasonable application of federal constitutional law for a California state court to decide that a "three strikes" sentence of 25 years to life for possessing 0.036 grams of cocaine did not violate the…