Allen

Allen v. Roe

Good Law
73 F. App'x 291
United States Court of Appeals for the Ninth CircuitAugust 20, 2003No. 00-57157; D.C. No. CV-00-01007-SVW-CFECalifornia296 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Nathaniel J. Allen appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging the 25-years to life sentence imposed after his jury trial conviction for petty theft with a prior conviction. We have jurisdiction under 28 U.S.C. § 2253 , we review de novo, Mendez v. Small, 298 F.3d 1154, 1157-58 (9th Cir.2002), and we affirm.

Allen contends that his 25-years-to-life sentence for petty theft with a prior is cruel and unusual punishment, in violation of the 8th Amendment. This contention is foreclosed by Lockyer v. Andrade, 538 U.S. 63 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003) (holding that California 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, 538 U.S. 11 , 123 S.Ct. 1179 , 155 L.Ed.2d 108 (2003) (holding that a 25-years-to-life sentence under the California three-strikes law did not violate the 8th Amendment’s prohibition on cruel and unusual punishment). The district court therefore properly denied Allen’s petition.

The district court certified the issue of whether the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.