Taylor

ORDER

The panel has decided to amend the memorandum filed on August 15, 2006. An amended memorandum is filed concurrently with this order.

With this amendment, the panel has voted unanimously to deny the petition for rehearing. Judges O’Scannlain and Thomas have voted to deny the petition for *511 rehearing en banc and Judge Goodwin so recommends.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for rehearing or rehearing en banc may be filed.

AMENDED MEMORANDUM *

Andy Bernard Taylor appeals from the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . The facts and prior proceedings are known to the parties and are repeated herein only as necessary.

I

In a concurrently filed opinion, we deal with Taylor’s contention that the state court’s application of the Eighth Amendment’s proportionality principle was objectively unreasonable; this issue has been resolved there. See Taylor v. Lewis, No. 04-17517 (filed Aug. 15,…