Barboza
Barboza v. Carey
Opinion
Lead Opinion
MEMORANDUM **
Adam Barboza appeals from an order issued by the District Court for the Northern District of California denying his petition for a writ of habeas corpus. Barboza 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. Barboza suffered a felony conviction for failure to appear, and the trial court found that he had suffered two prior felony convictions that counted as strikes for purposes of California’s Three Strikes law. The court sentenced Barboza to a prison term of 25 years to life.
We review de novo a district court’s denial of a habeas petition. Reyes v. Brown, 399 F.3d 964, 966 (9th Cir.2005). Barboza 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 established federal law.” See 28 U.S.C. § 2254 (d)(1). The “only relevant clearly established law amenable to the…