King

King v. Knowles

Good Law
320 F. App'x 537
United States Court of Appeals for the Ninth CircuitMarch 20, 2009No. 07-16813California800 words

Opinion

Lead Opinion

MEMORANDUM *

Jerry King appeals from the district court’s denial of his application for a writ of habeas corpus under 28 U.S.C. § 2254 . We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

King’s Eighth Amendment claims are foreclosed by Taylor v. Lewis, 460 F.3d 1093 (9th Cir.2006) and Gonzalez v. Duncan, 551 F.3d 875 (9th Cir.2008). In Taylor , we held that the state court did not contradict or unreasonably apply clearly established U.S. Supreme Court law by denying habeas relief to a petitioner who was sentenced to 25 years to life for possessing 0.036 grams of cocaine, after amassing a lengthy criminal record that included voluntary manslaughter, robbery, and property offenses such as burglary and vehicle theft. Taylor, 460 F.3d at 1095, 1100-01 . We noted that the State of California “was entitled to the view that ‘possession, use, and distribution of illegal drugs represent one of the greatest problems affecting the health and welfare of our population.’” Id. at 1099 (quoting Harmelin v. Michigan, 501 U.S. 957, 1002 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) (Kennedy, J., concurring) (emphasis…

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