United States Ninth Circuit

In a habeas case, it was not an unreasonable application of federal constitutional law for a California state court to decide that a "three strikes" sentence of 25 years to life for possessing 0.036 grams of cocaine did not violate the Eighth Amendment.

Appellate Information

• Argued 06/13/2006
• Decided 08/15/2006
• Published 08/15/2006

Judges

• Before GOODWIN, O'SCANNLAIN, and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kevin G. Little, Fresno, CA, argued the cause for the petitioner-appellant.  Samya Burney, Fresno, CA, was on the brief.


• For Appellees:
  
• Justain P. Riley, Deputy Attorney General, Sacramento, CA, argued the cause for the respondent-appellee, which filed no brief.   Respondent-appellee provided the notification required by Circuit Rule 31-2.3. The court granted permission to argue pursuant to Fed. R.App. P. 31(c).