Bryant

Bryant v. Adams

Good Law
83 F. App'x 260
United States Court of Appeals for the Ninth CircuitDecember 17, 2003No. 01-55835; D.C. No. CV-00-03245-JSLCalifornia279 words

Opinion

Lead Opinion

*261 MEMORANDUM ***

Terry Ann Bryant appeals the district court’s denial of her 28 U.S.C. § 2254 petition challenging her sentence of 25-years-to-life for petty theft with a prior conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Bryant contends that her sentence of 25-years-to-life under the California three-strikes law, CaLPenal Code § 667, constitutes cruel and unusual punishment in violation of the Eighth Amendment. This claim is foreclosed by the Supreme Court’s decisions in Lockyer v. Andrade, 538 U.S. 63 , 123 S.Ct. 1166, 1173-74 , 155 L.Ed.2d 144 (2003) (holding that a state court’s decision affirming petitioner’s sentence of two consecutive terms of 25-years-to-life under the three-strikes law was not contrary to, or an unreasonable application of, clearly established Supreme Court law) and Ewing v. California, 538 U.S. 11 , 123 S.Ct. 1179, 1190 , 155 L.Ed.2d 108 (2003) (holding that petitioner’s 25-years-to-life sentence under the three-strikes law did not violate the Eighth Amendment’s prohibition against cruel and unusual punishment).

Bryant has made no showing that the California three-strikes law fails to give notice to individuals…

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