Montano

MEMORANDUM **

Jerry Montano, Jr. appeals from an order issued by the District Court for the Northern District of California denying his petition for a writ of habeas corpus. Montano argues that his sentence violates the Eighth Amendment’s prohibition against cruel and unusual punishment. We have jurisdiction under 28 U.S.C. § 2253 and affirm the district court’s denial of his petition for a writ of habeas corpus.

Given the parties’ familiarity with the facts, we do not recount them in detail here. Montano suffered a felony conviction for possession of 0.07 grams of methamphetamine. His criminal record included two prior convictions that counted as strikes for Three Strikes purposes: a 1986 residential burglary conviction and a 1990 conviction with a deadly weapon. The state court sentenced Montano to a prison term of 25 years to life under California’s Three Strikes law.

We review de novo a district court’s denial of a habeas petition. Reyes v. Brown, 399 F.3d 964, 966 (9th Cir.2005). Montano is entitled to habeas relief if the California Court of Appeal’s decision regarding his Eighth Amendment claim was “contrary to, or involved an unreasonable application of, clearly…