Cite as: 538 U. S. 63 (2003)
Syllabus
U. S., at 413. The state court decision must be objectively unreasonable, not just incorrect or erroneous. Id., at 409, 410, 412. Here, the Ninth Circuit erred in defining "objectively unreasonable" to mean "clear error." While habeas relief can be based on an application of a governing legal principle to a set of facts different from those of the case in which the principle was announced, the governing legal principle here gives legislatures broad discretion to fashion a sentence that fits within the scope of the proportionality principle—the "precise contours" of which are "unclear." Harmelin, supra, at 998 (Kennedy, J.). And it was not objectively unreasonable for the state court to conclude that these "contours" permitted an affirmance of Andrade's sentence. Cf., e. g., Riggs v. California, 525 U. S. 1114, 1115 (Stevens, J., dissenting from denial of certiorari). Pp. 73-77.
270 F. 3d 743, reversed.
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined, post, p. 77.
Douglas P. Danzig, Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were Bill Lockyer, Attorney General, pro se, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Carl H. Horst, Supervising Deputy Attorney General.
Erwin Chemerinsky argued the cause for respondent. With him on the brief were Paul Hoffman, Jordan C. Budd, Steven R. Shapiro, Mark D. Rosenbaum, Daniel P. Tokaji, and Alan L. Schlosser.*
*Kent S. Scheidegger and Charles L. Hobson filed a brief for the Criminal Justice Legal Foundation et al. as amici curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the California Public Defenders Association by Kenneth I. Clayman; for Families to Amend California's Three Strikes et al. by Gerald F. Uelmen; for the National Association of Criminal Defense Lawyers by Sheryl Gordon Mc-Cloud; and for Donald Ray Hill by Susan S. Azad and Kathryn M. Davis.
Briefs of amici curiae were filed for the California District Attorneys Association by Dennis L. Stout and Grover D. Merritt; and for Michael P. Judge by Albert J. Menaster and Alex Ricciardulli.
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