Kenyatta

MEMORANDUM **

Kenyatta was convicted while on probation of aggravated assault with a dangerous instrument (a truck), and sentenced to 25-years-to-life in prison. See Ariz.Rev. Stat. Ann. §§ 13-604.02(A), 13-1204(A)(2) (1991). Although severe, such a term is not grossly disproportionate to the crime. Unlike the nonviolent offenses at issue in Solem v. Helm, 463 U.S. 277, 281 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983) (life sentence for passing a $100 bad check while drunk), Reyes v. Brown, 399 F.3d 964, 965 (9th Cir.2005) (26-years-to-life for committing perjury by taking a driver’s license exam for a relative), and Ramirez v. Castro, 365 F.3d 755, 757-58 (9th Cir.2004) (25-years-to-life for shoplifting a $199 VCR and surrendering without resistance when approached by authorities), Kenyatta assaulted an off-duty police officer with a stolen truck and then fled the scene. Kenyatta’s actions could easily have resulted in death or serious injury to the victim.

“The gross disproportionality principle reserves a constitutional violation for only the extraordinary case.” Lockyer v. Andrade, 538 U.S. 63, 77 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003). Given the violent nature of Kenyatta’s…