United States Ninth Circuit

In an appeal from a dismissed habeas petition based on a gang-related sentence enhancement, denial of the petition is reversed, where there was insufficient evidence at trial to show that the robberies at issue were gang-related.

Appellate Information

• Argued 08/08/2008
• Decided 02/23/2009
• Published 02/23/2009

Judges

• Before:  ROGER J. MINER,KIM McLANE WARDLAW, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Vivian A. Fu, San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• Ronald A. Jakob, Deputy Attorney General;  Dane R. Gillette, Chief Assistant Attorney General;  Gary W. Schons, Senior Assistant Attorney General (Edmund G. Brown, Jr., Attorney General for the State of California), San Diego, CA, for the respondent-appellee.