Aguilar
Aguilar v. Ayers
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Constantino Miguel Aguilar appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus, challenging his three-strikes sentence for unlawfully driving a vehicle, receiving stolen property, and possessing a hypodermic needle. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.
Aguilar’s contention that his sentence of 25-years-to-life plus one year is grossly disproportionate in violation of the Eighth Amendment is unpersuasive in light of Lockyer v. Andrade, — U.S.-,-- -, 123 S.Ct. 1166, 1172-75 , 155 L.Ed.2d 144 (2003) (holding that state court’s affirmance of two consecutive 25-years-to-life sentences for petty theft was not contrary to or an unreasonable application of federal law), and Ewing v. California, — U.S. -,---, 123 S.Ct. 1179, 1185-90 , 155 L.Ed.2d 108 (2003) (holding that 25-years-to-life sentence under the California three-strikes law did not violate the Eighth Amendment’s prohibition on cruel and unusual punishment). The district court therefore properly denied Aguilar’s petition. Andrade, — U.S. at-, 123 S.Ct. at 1175.