King v. Clarke

67 F. App'x 460

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 16, 2003
• Docket: No. 01-16169; D.C. No. CV-99-05432-OWW
• Status: Published

Opinion

MEMORANDUM

**

Thomas W. King, a California prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his sentence for petty theft with a prior conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

King contends that his sentence of 28 years to life under California’s Three Strikes Law, Cal.Penal Code Ann. § 667 (West 1999), constitutes cruel and unusual punishment. This claim is foreclosed by the Supreme Court’s decisions in Lockyer v. Andrade, — U.S. -, - & n. 1, 123 S.Ct. 1166, 1174 & n. 1, 155 L.Ed.2d 144 (2003) (holding that a state court’s decision to affirm petitioner’s two consecutive 25-years-to-life terms under the Three Strikes Law was not contrary to, or an unreasonable application of, clearly established Federal law), and Ewing v. California, — U.S. -, -, 123 S.Ct. 1179, 1190, 155 L.Ed.2d 108 (2003) (holding that petitioner’s 25-years-to-life sentence under the Three Strikes Law did not violate the Eighth Amendment’s prohibition on cruel and unusual punishment).¹

AFFIRMED.

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 . All outstanding motions are denied.