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Johnson v. Mueller

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 304 (9th Cir. 2003)

Opinion


73 Fed.Appx. 304 (9th Cir. 2003) Emmith JOHNSON, Petitioner--Appellant, v. Glenn MUELLER, Warden, Respondent--Appellee. No. 03-55185. D.C. No. CV-02-00732-GAF. United States Court of Appeals, Ninth Circuit. August 20, 2003

Submitted August 11, 2003.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Gary A. Feess, District Judge, Presiding.

Before SCHROEDER, Chief Judge, and HAWKINS and TASHIMA, Circuit Judges.

Page 305.

MEMORANDUM

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.

California state prisoner Emmith Lee Johnson appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition, challenging his conviction for narcotics violations and related counts. We affirm.

Johnson contends that his sentence of twenty-eight years to life imposed under California's "three strikes" law violates the Eighth Amendment's prohibition against cruel and unusual punishment. We conclude that petitioner's argument is foreclosed by Ewing v. California, 538 U.S. 63, 123 S.Ct. 1179, 1190, 155 L.Ed.2d 108 (2003) (acknowledging broad discretion possessed by legislatures and holding that three-strikes sentence of 25 years to life for felony grand theft was not grossly disproportionate), and Lockyer v. Andrade, 538 U.S. 11, 123 S.Ct. 1166, 1175, 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 clearly established federal law). The district court therefore properly denied Johnson's petition. See Andrade, 123 S.Ct. at 1174.

AFFIRMED.


Summaries of

Johnson v. Mueller

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 304 (9th Cir. 2003)
Case details for

Johnson v. Mueller

Case Details

Full title:Emmith JOHNSON, Petitioner--Appellant, v. Glenn MUELLER, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 20, 2003

Citations

73 F. App'x 304 (9th Cir. 2003)