Jerry Parrish v. James Yates

MEMORANDUM

Jerry Ray Parrish (“Parrish”) appeals the denial of his petition for a writ of habeas corpus. Parrish argues on appeal that his sentence, stemming from four felony convictions under California’s three strikes law, is grossly disproportionate to his crimes and therefore constitutes cruel and unusual punishment under the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Parrish’s three strikes sentence does not fail the gross disproportionality test. See Lockyer v. Andrade, 538 U.S. 63, 73-76 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003) (affirming a sentence of two consecutive terms of twenty-five years to life for stealing $150 worth of video tapes under California’s three strikes law); Ewing v. California, 538 U.S. 11, 21-22 , 123 S.Ct. 1179 , 155 L.Ed.2d 108 (2003) (affirming a three strikes sentence of twenty-five years to life for the theft of three golf clubs). Parrish has numerous prior misdemeanor and felony convictions, including a felony conviction for robbery with the use of a firearm and a felony conviction for robbery causing great bodily harm. In addition, his current convictions are more serious than those in Lockyer and Ewing .…