Blanton v. Terhune

Docket: No. 02-16195

Court: Court of Appeals for the Ninth Circuit; June 20, 2003; Federal Appellate Court

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Lola Wanda Blanton, a California state prisoner, appeals the district court's denial of her 28 U.S.C. § 2254 petition for a writ of habeas corpus. Blanton challenges her 25-years-to-life sentence for possession of methamphetamine, asserting that it is grossly disproportionate and violates the Eighth Amendment. The court affirms the district court's decision, referencing precedent from Lockyer v. Andrade and Ewing v. California, which establish that similar sentences under California's three-strikes law do not violate the Eighth Amendment. The court concludes that Blanton's petition was properly denied. Additionally, claims not included in the certificate of appealability are not addressed. The disposition is not intended for publication and is restricted under Ninth Circuit Rule 36-3.