John Albert Richardson v. P.L. VASQUEZ, Warden

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Ralph R. Beistline, United States District Judge for the**
District of Alaska, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN ALBERT RICHARDSON,
Petitioner - Appellant,
v.
P.L. VASQUEZ, Warden,
Respondent - Appellee.
No. 08-55201
D.C. No. CV-04-01193-RGK
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Argued and Submitted February 11, 2010
Pasadena, California
Before: THOMAS and SILVERMAN, Circuit Judges, and BEISTLINE, Chief**
District Judge.
John Albert Richardson appeals the district court’s denial of his 28 U.S.C. §
2254 habeas petition asserting that his California three strikes sentence of 28 years
FILED
MAR 12 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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to life violates the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C.
§§ 1291 and 2253 and reverse and remand with instructions to grant the petition.
We review the district court de novo and the California Court of Appeal’s
decision to determine if it is contrary to, or an unreasonable application of clearly
established Supreme Court law. Gonzalez v. Duncan, 551 F.3d 875, 879 (9th Cir.
2008). We apply clearly established Supreme Court authority existing when the
California Court of Appeal issued its decision in 2004. Lockyer v. Andrade, 538
U.S. 63, 71-72 (2003). The jury found Richardson guilty of failing to register
either a change-of-address or a new second address in violation of Cal. Penal Code
§ 290(a)(1)(A) or (B). A sentence of 28 years to life for a § 290 violation of this
nature is grossly disproportionate to the offense and therefore, runs afoul of the
Eighth Amendment. See Gonzalez, 551 F.3d at 877.
REVERSED AND REMANDED.

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