Legal Opinion

Tuggle v. Campbell

Court of Appeals for the Ninth Circuit

Decided December 21, 2007No. 06-16639PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM **

David Cecil Tuggle was convicted of possessing .11 grams of methamphetamine and sentenced to 25 years to life under California’s three strikes law. He was also sentenced to pay a $10,000 restitution fine. Tuggle appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2258. We affirm.

Tuggle asserts that his “three strikes” sentence violates the Eighth Amendment’s prohibition against cruel and unusual punishment. Alternatively, he requests a remand to allow him to develop evidence that he is…

2Cases cited8 opinions

  1. Lockyer v. AndradeSupreme Court of the United States · 2003
  2. Lackawanna County District Attorney v. CossSupreme Court of the United States · 2001
  3. Elbert W. Williamson v. Christine O. GregoireCourt of Appeals for the Ninth Circuit · 1998
  4. Isaac Ramirez v. R.A. Castro, WardenCourt of Appeals for the Ninth Circuit · 2004
  5. United States v. John Herman ThieleCourt of Appeals for the Ninth Circuit · 2002

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3Cited by2 opinions

  1. (HC) Son v. KiblerDistrict Court, E.D. California · 2024
  2. (HC)Redmond v. TampkinsDistrict Court, E.D. California · 2020

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