Shirley v. Small , 68 F. App'x 117 ( 2003 )

MEMORANDUM ^**

California state prisoner Gaylon Ray Shirley appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus, challenging his three-strikes sentence for possession of cocaine for sale. We have jurisdiction pursuant to 28 U.S.C. § 2253. We affirm.

Shirley’s contention that his sentence of 28-years-to-life is grossly disproportionate in violation of the Eighth Amendment is unpersuasive in light of Lockyer v. Andrade, — U.S. -,---, 123 S.Ct. 1166, 1172-75, 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 federal law), and Ewing v. California, — U.S. -,---, 123 S.Ct. 1179, 1185-90, 155 L.Ed.2d 108 (2003) (holding that a 25-years-to-life sentence under the California three-strikes law did not violate the Eighth Amendment’s prohibition on cruel and unusual punishment). The district court therefore properly denied Shirley’s petition. Andrade, — U.S. at-, 123 S.Ct. at 1175.

AFFIRMED.

** 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.