Sigala

MEMORANDUM *

In 1995, Isidro Huerta Sígala pleaded nolo contendere to a count of felony driving under the influence (“DUI”) in California state court. He was sentenced to twenty-five years to life under California’s Three Strikes law. Sígala seeks a writ of habeas corpus on the ground that his sentence is cruel and unusual in violation of the Eighth Amendment. The district court denied the petition.

The district court’s decision to deny a 28 U.S.C. § 2254 habeas petition is reviewed de novo. Clark v. Murphy, 331 F.3d 1062, 1067 (9th Cir.2003). Because Sígala filed his federal habeas petition after the effective date of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), Pub. L. No. 104-132, 110 Stat. 1214 (Apr. 24, 1996), its provisions apply. Fuller v. Roe, 182 F.3d 699, 702 (9th Cir.1999) (per curiam). Under AEDPA, a habeas petitioner may be granted relief if the state court’s adjudication on the merits was (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” or (2) “based on an unreasonable determination of the facts in light of the evidence presented in the State court…