Tuggle

MEMORANDUM **

David Cecil Tuggle was convicted of possessing .11 grams of methamphetamine and sentenced to 25 years to life under California’s three strikes law. He was also sentenced to pay a $10,000 restitution fine. Tuggle appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2258 . We affirm.

Tuggle asserts that his “three strikes” sentence violates the Eighth Amendment’s prohibition against cruel and unusual punishment. Alternatively, he requests a remand to allow him to develop evidence that he is actually innocent of his predicate felonies, which include two 1986 state court convictions for rape. Tuggle argues that if evidence of his innocence existed, the court could consider it in its Eighth Amendment analysis.

A habeas petition may be granted only if the state court’s decision was either contrary to or an unreasonable application of clearly established federal law, as determined by the United States Supreme Court, or was based on an unreasonable *58 determination of the facts in light of the evidence presented in the state court hearing. 28 U.S.C. § 2254 (d)(1); Schroeder v. Tilton,…