Wrobleski v. Guirbino

MEMORANDUM ^**

Kenneth Wrobleski appeals the district court’s denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Wrobleski contends that his 27-years-to-life sentence for petty theft with a prior violates the Eighth Amendment’s prohibition on cruel and unusual punishment. His claim is foreclosed by Lockyer v. Andrade, 538 U.S. 63, 123 S.Ct. 1166, 1172-75, 155 L.Ed.2d 144 (2003) (holding that a California 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, 538 U.S. 11, 123 S.Ct. 1179, 1185-90, 155 L.Ed.2d 108 (2003) (holding that a 25-years-to-life sentence under California’s three strikes law did not violate the Eighth Amendment’s prohibition on cruel and unusual punishment).

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.