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GONZALEZ v. DUNCAN

No. 06-56523.

551 F.3d 875 (2008)

Cecilio GONZALEZ, Petitioner-Appellant, v. W.A. DUNCAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2008.

Attorney(s) appearing for the Case

Sean K. Kennedy, Federal Public Defender, Gia Kim (argued), Deputy Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

Edmund G. Brown, Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, Carl N. Henry (argued), Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: WILLIAM C. CANBY, JR., ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Cecilio Gonzalez was convicted by a jury of failing to update his annual sex offender registration within five working days of his birthday, in violation of California Penal Code § 290(a)(1)(D).1 Because of his prior criminal convictions, he received a sentence of 28 years to life imprisonment under California's "Three Strikes" law. On habeas review, we must decide whether his sentence violates the Eighth Amendment...

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