Huegerich
Huegerich v. Lamarque
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Rick Lee Huegerieh appeals pro se the district court’s judgment dismissing with prejudice his 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
Huegerieh’s contention that his 25-years-to-life sentence, imposed under California’s Three Strikes law, violates the Eighth Amendment’s prohibition against cruel and unusual punishment is foreclosed by Lockyer v. Andrade, 538 U.S. 63 , 123 S.Ct. 1166, 1172-75 , 155 L.Ed.2d 144 (2003) (holding that the 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).
Huegerieh also contends that California’s Three Strikes law violates the Ex Post Facto Clause of the Constitution. We do not consider this contention, not only because it is beyond the scope of the certificate of appealability, see 28 U.S.C. § 2253 (c), but also because this apparently unexhausted claim was not raised in district court, see Jiminez v. Rice, 276 F.3d 478, 481 (9th Cir.2001) (declining to consider an issue raised for the first time on appeal).