Judge John Koeltl
Melendez was sentenced to 18 years in prison after conviction for two counts of first-degree burglary, one count of first-degree robbery, and other crimes. Under People v. Sandoval, the trial court permitted cross-examination about alleged gang affiliation and past uncharged robberies if Melendez testified. He did not testify. District court denied Melendez 28 USC §2254 habeas relief, rejecting his claim that the trial court’s Sandoval ruling prevented him from testifying, contrary to the Fifth and Fourteenth amendments. Discussing Luce v. United States, district court noted that because he did not testify, Melendez’s claim of improper impeachment was not preserved. It also found without merit Melendez’s claim that sentence violated the Eight and Fourteenth amendments. Not only did his aggregate sentence fall below the statutory maximum term given, but Melendez did not show the sentence was "cruel and unusual." Noting that Melendez was convicted of a violent crime in which he displayed a firearm and injured a victim, and that sentence was below the maximum term of imprisonment the court, citing Rummel v. Estelle and Jackson v. Mosicki, found the sentence not so disproportionate as to be a violation of the Eighth Amendment.
