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Name: Reyes v. Brown
Case #: 00-57130
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/07/2005

Reyes was sentenced to twenty six years to life upon his “Third Strike” conviction for perjury, for making misrepresentations on his driver’s license application. His prior strikes were for a 1981 residential burglary as a juvenile, and a 1987 armed robbery. Reyes challenged his sentence under the Three Strikes Law as cruel and unusual punishment. The district court dismissed the habeas petition. The appellate court reversed and remanded. Reyes served five years for the armed robbery conviction, and the record did not reveal the circumstances of the offense. But for that conviction, Reyes had a plausible case for relief, as his first “strike” was as a juvenile. Therefore, remand is required to develop the record further and determine whether Reyes was entitled to relief.