Legal Opinion

Gonzalez v. Duncan

Court of Appeals for the Ninth Circuit

Decided December 30, 2008No. 06-56523PublishedCited by 44 opinions

1Opinion of the Court

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’s prohibition against cruel and unusual punishment and, if so, whether the contrary conclusion of the California Court of Appeal constituted an unreasonable…

2Cases cited25 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Lockyer v. AndradeSupreme Court of the United States · 2003
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Harmelin v. MichiganSupreme Court of the United States · 1991
  5. Marks v. United StatesSupreme Court of the United States · 1977

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3Cited by44 opinions

  1. John Doe v. Kamala HarrisCourt of Appeals for the Ninth Circuit · 2014
  2. United States v. Nicholas SlattenCourt of Appeals for the D.C. Circuit · 2017
  3. In re ColeyCalifornia Supreme Court · 2012
  4. Deck v. JenkinsCourt of Appeals for the Ninth Circuit · 2014
  5. Norris v. MorganCourt of Appeals for the Ninth Circuit · 2010

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