Clayton

MEMORANDUM **

California state prisoner Wallace Clayton, Jr. 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 second degree burglary. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

Clayton’s contention that his sentence of 25-years-to-life is grossly disproportionate in violation of the Eighth Amendment is unpersuasive in light of Lockyer v. Andrade, 538 U.S. 63 , 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, 538 U.S. 11 , 123 S.Ct. 1179, 1185-90 , 155 L.Ed.2d 108 (2003) (holding that a 25-years-to-life sentence for grand theft 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 Clayton’s petition. Andrade, 123 S.Ct. at 1175 .

AFFIRMED. 1

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as…