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REYES v. BROWN

No. 00-57130.

399 F.3d 964 (2005)

Santos L. REYES, Petitioner-Appellant, v. Jill BROWN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn April 2, 2002.

Resubmitted April 17, 2003.

Filed March 4, 2005.

Attorney(s) appearing for the Case

Gretchen Fusilier, Carlsbad, CA, for the petitioner-appellant.

David Delgado-Rucci, Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before: PREGERSON, FISHER and TALLMAN, Circuit Judges.

PREGERSON, Circuit Judge:

California state prisoner Santos L. Reyes brought this 28 U.S.C. § 2254 habeas action challenging his sentence under California's "Three Strikes" law. Reyes was convicted of perjury for making misrepresentations on a California Department of Motor Vehicles ("DMV") driver's license application. The perjury conviction was Reyes' third strike. He was sentenced to twenty-six years to life. Reyes contends that his punishment violates the...

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