Blanton v. Terhune

68 F. App'x 119

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 20, 2003
• Docket: No. 02-16195
• Status: Published

Opinion

MEMORANDUM

**

California state prisoner Lola Wanda Blanton appeals pro se the district court’s denial of her 28 U.S.C. § 2254 petition for writ of habeas corpus, challenging her three-strikes sentence for possession of methamphetamine with three prior serious felony convictions. We have jurisdiction pursuant to 28 U.S.C. § 2253. We affirm.

Blanton’s contention that her sentence of 25-years-to-life is grossly disproportionate in violation of the Eighth Amendment is foreclosed by Lockyer v. Andrade, -U.S. —, 123 S.Ct. 1166, 1172-75, 155 L.Ed.2d 144 (2003) (holding that state court’s affirmance of two consecutive 25-years-to-life sentences for petty theft was not contrary to or an unreasonable application of federal law), and Ewing v. California, — U.S.-, 123 S.Ct. 1179, 1185-90, 155 L.Ed.2d 108 (2003) (holding that a 25-years-to-life sentence under the California three-strikes law did not violate the Eighth Amendment’s prohibition on cruel and unusual punishment). The district court therefore properly denied Blanton’s petition. Andrade, 123 S.Ct. at 1175.

AFFIRMED.¹

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . Blanton’s remaining claims were not encompassed within the certificate of appealability, and we decline to address them. See § 2253(c)(3); Hiivala v. Wood, 195 F.3d 1098, 1103 (9th Cir.1999) (per curiam).