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TAYLOR v. LEWIS

No. 04-17517.

460 F.3d 1093 (2006)

Andy Bernard TAYLOR, Petitioner-Appellant, v. Gail LEWIS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2006.

Attorney(s) appearing for the Case

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

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).

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

Opinion by Judge O'Scannlain; Concurrence by Judge Thomas

O'SCANNLAIN, Circuit Judge.

In this habeas case we review whether it was 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.

I

A

On the afternoon of August 30, 1998, police officers in Bakersfield, California...

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