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BROWN v. MAYLE

Nos. 99-17261, 99-56197.

283 F.3d 1019 (2002)

Richard Napoleon BROWN, Petitioner-Appellant, v. D.A. MAYLE; Attorney General of the State of California, Respondents-Appellees. Earnest Bray, Jr., Petitioner-Appellant, v. Eddie Ylst, interim Warden; Attorney General of the State of California; Daniel E. Lundgren, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2002.

Attorney(s) appearing for the Case

Erwin Chemerinsky, Los Angeles, CA, for the appellants.

Brian R. Means and Stephanie A. Miyoshi, State of California Department of Justice, for the appellees.

Before: REINHARDT, TASHIMA and BERZON, Circuit Judges.

BERZON, Circuit Judge.

Earnest Bray, Jr. and Richard Napoleon Brown were each convicted of petty theft, Bray for attempting to steal three videotapes and Brown for attempting to steal a steering wheel alarm. Because of prior convictions, each was sentenced to life without possibility of parole for 25 years. Each now appeals the denial of a habeas petition contending that his sentence constituted cruel and unusual punishment in violation of the Eighth Amendment.

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