Hamlet

MEMORANDUM **

Glen Mason was convicted by a jury of two counts of first degree residential burglary, in violation of California Penal Code §§ 459, 460(a), and one count of attempted first degree burglary, in violation of California Penal Code §§ 459, 460(a), 464. The trial court sentenced Mason to 95 years to life under California’s Three Strikes Law, finding that he had fourteen prior felony convictions and five prior pris *577 on terms. Mason petitioned for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254 , which the district court denied. On appeal, Mason claims that his sentence violates the Eighth Amendment since it is grossly disproportionate to his crime. Mason also alleges that his counsel provided ineffective assistance by fading to argue that two of Mason’s prior burglary convictions could not be used to enhance his sentence under California Penal Code § 667(a) because they were not “brought and tried separately.” We reject both of these claims and affirm the district court’s denial of his habeas petition.

Mason contends that his 95-years-to-life sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment because he committed nonviolent…