Terry Iversen v. Dave Pedro

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TERRY EUGENE IVERSEN, No. 22-35076

Petitioner-Appellant, D.C. No. 2:20-cv- 01524-AA v.

DAVE PEDRO, OPINION

Respondent-Appellee.

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted December 7, 2023 Portland, Oregon

Filed March 27, 2024

Before: Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Frank Montalvo, * District Judge.

Opinion by Judge Montalvo

* The Honorable Frank Montalvo, United States District Judge for the Western District of Texas, sitting by designation. SUMMARY **

Habeas Corpus

The panel affirmed the district court’s denial of Terry Eugene Iversen’s 28 U.S.C. § 2254 petition for a writ of habeas corpus in a case in which the district court rejected Iversen’s claim that a life without parole (LWOP) sentence, imposed after Iversen pleaded guilty to public indecency, was grossly disproportionate to his offense in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment.…