Rodriguez

MEMORANDUM ***

Louis Sebastian Rodriguez appeals the district court’s denial of his 28 U.S.C. *135 § 2254 habeas corpus petition. Rodriguez challenges his twenty-five years to life sentence imposed under California’s Three Strikes Law, CaLPenal Code §§ 667(d), 667(e)(2), 1170.12(b) and 1170.12(c)(2), for a petty theft with a prior conviction under CaLPenal Code § 666. He argues that his sentence is an unreasonable application of federal law, in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Rodriguez pled guilty to petty theft of a package of cheese and two candy bars, worth about $4.00. The “prior” to which he pled, however, was in fact thirty-three robbery convictions. We review the California Court of Appeal’s decision on this claim, as it is the last reasoned state court decision. Ylst v. Nunnemaker, 501 U.S. 797, 803 , 111 S.Ct. 2590 , 115 L.Ed.2d 706 (1991).

Although the state Court of Appeal’s decision was issued before Lockyer v. Andrade, 538 U.S. 63 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003,) and Ewing v. California, 538 U.S. 11 , 123 S.Ct. 1179 , 155 L.Ed.2d 108…