Castellanos

Castellanos v. Hubbard

Good Law
203 F. App'x 27
United States Court of Appeals for the Ninth CircuitSeptember 29, 2006No. 05-17243California577 words

Opinion

Lead Opinion

MEMORANDUM **

Raul Castellanos appeals from an order issued by the District Court for the Northern District of California denying his petition for a writ of habeas corpus. Castella-nos 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. Castellanos suffered a felony conviction for being a felon in possession of a firearm, 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 state court sentenced Castellanos 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). Castellanos 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…

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