Godown

MEMORANDUM *

Godown’s offense of conviction, second degree burglary, is more serious than passing a rubber check, which the Court in Solem v. Helm described as “one of the most passive felonies a person could commit.” 463 U.S. 277, 296 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983) (internal quotation marks omitted). And Godown’s sentence is less severe than that of life without parole in Solem. Id. at 297 , 103 S.Ct. 3001 . Godown’s case is closer to Rummel v. Estelle, which upheld a life sentence with possibility for parole for a defendant whose offense of conviction was obtaining $120.75 by false pretenses. 445 U.S. 263, 266 , 100 S.Ct. 1133 , 63 L.Ed.2d 382 (1980). The California Court of Appeal’s decision ' that Godown’s sentence doesn’t violate the Eighth Amendment wasn’t contrary to or an unreasonable application of clearly established Supreme Court law. See Lockyer v. Andrade, 538 U.S. 63, 72-74 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003).

REVERSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.