Gonzalez v. Duncan
Court of Appeals for the Ninth Circuit
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…
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