Court of Appeals for the Ninth Circuit July 16, 2009, No. 07-55517 (Godown v. Marshall)

MEMORANDUM*

Godown’s offense of conviction, second degree burglary, is more serious than passing a rubber check, which the Court in Solem v. Helm described as “one of the most passive felonies a person could commit.” 463 U.S. 277, 296, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983) (internal quotation marks omitted). And Godown’s sentence is less severe than that of life without parole in Solem. Id.