Gonzalez v. Duncan (9th Cir. 2008)

Gonzalez v. Duncan, 551 F.3d 875 (9th Cir. 2008)

Nature of Case: Gonzalez was convicted after a jury trial for failing to update his registration information within five working days of his birthday. Due to his prior criminal convictions, under California law he received a sentence of 28 years to life, as his failure to register conviction constituted a “third strike.” Gonzalez appealed his conviction in state court, which was affirmed. He then filed a heabeas corpus petition in federal court, alleging that the 28 year sentence was in violation of the Eighth Amendment. District court denied the motion, and Gonzalez appealed.

Holding:  9th Circuit Court of Appeals held that the 28 year sentence for failing to update registration within five working days of his birthday was unconstitutional under the Eighth Amendment.