United States Ninth Circuit

In a state robbery prosecution, grant of petitioner's habeas petition is reversed where the district court erred in reducing petitioner's sentence instead of remanding to the California trial court for resentencing, because the district judge's role in the habeas proceeding was solely to ensure that petitioner's sentence was constitutionally determined.

Appellate Information

• Decided 09/21/2009
• Published 09/21/2009

Judges

• Before BARRY G. SILVERMAN, RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General for the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerard A. Engler, Senior Assistant Attorney General, Peggy S. Ruffra, Supervising Deputy Attorney General, and Jeffrey M. Laurence, Deputy Attorney General, San Francisco, CA, for the respondent-appellant., Mary McNamara and August Gugelmann, Swanson, McNamara & Haller LLP, San Francisco, CA, for the petitioner-appellee.