Taylor

MEMORANDUM **

California state prisoner Jeffrey L. Taylor (“Taylor”) appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition, challenging his Three Strikes sentence of 28-years-to-life imprisonment for drug possession. 1 Taylor argues that: (1) the state court violated his due process rights by failing to hold an evidentiary hearing on the validity of his prior convictions; and (2) his sentence violates the Eighth Amendment’s proscription against cruel and unusual punishment. We have jurisdiction under 28 U.S.C. § 2253 and affirm.

Assuming a Teague analysis is required, Teague clearly bars Taylor’s due process claim. Taylor’s due process claim fails because it “ask[s] us to make new law, which we cannot do” on habeas review. Allen v. Ornoski, 435 F.3d 946, 955 (9th Cir.2006); see Teague v. Lane, 489 U.S. 288, 310 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989). Teague advises that “a case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal Government,” or, stated differently, “if the result was not dictated by precedent existing at the time the defendant’s conviction became final.” Id. at 301 , 109 S.Ct. 1060 (emphasis in…