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Zimmer v. Stewart

United States Court of Appeals, Ninth Circuit
Jan 21, 2003
57 F. App'x 729 (9th Cir. 2003)

Opinion


57 Fed.Appx. 729 (9th Cir. 2003) Alvin F. ZIMMER, Petitioner-Appellant, v. Terry STEWART, Director, Respondent-Appellee. No. 02-15264. D.C. No. CV-00-00126-WDB. United States Court of Appeals, Ninth Circuit. January 21, 2003

Submitted Jan. 13, 2003.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona, William D. Browning, District Judge, Presiding.

Before BEEZER, KLEINFELD and PAEZ, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Alvin F. Zimmer appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Zimmer challenges his Arizona conviction and 51-year sentence for three counts of child molestation and three counts of sexual abuse. We have jurisdiction pursuant to 28 U.S.C. § 2253. Reviewing de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), we affirm.

Zimmer contends that his 51-year sentence violates the Eighth Amendment's prohibition against cruel and unusual punishment. We are unpersuaded. Because Zimmer's 51-year sentence for three counts of child molestation and three counts of sexual abuse is not grossly disproportionate, Zimmer has failed to establish that his sentence violates the Eighth Amendment. See Harris v. Wright, 93 F.3d 581, 583 (9th Cir.1996) (stating that the Eighth Amendment bars punishments that are grossly disproportionate to the crime).

The district court, therefore, properly denied Zimmer's § 2254 petition because the state court's decision was not contrary to, or an unreasonable application of, clearly established federal law. See Garvin v. Farmon, 258 F.3d 951, 954 (9th Cir.2001), cert. denied, 535 U.S. 990, 122 S.Ct. 1546, 152 L.Ed.2d 471 (2002).

AFFIRMED.

Zimmer's "motion for consideration of a broader certification" is denied. See 28 U.S.C. § 2253(c) (2002).


Summaries of

Zimmer v. Stewart

United States Court of Appeals, Ninth Circuit
Jan 21, 2003
57 F. App'x 729 (9th Cir. 2003)
Case details for

Zimmer v. Stewart

Case Details

Full title:Alvin F. ZIMMER, Petitioner-Appellant, v. Terry STEWART, Director…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 21, 2003

Citations

57 F. App'x 729 (9th Cir. 2003)