United States Ninth Circuit

In a habeas petitioner's appeal from the district court's order vacating petitioner's murder conviction, but remanding the case to the state court with instructions for the state court to enter judgment against petitioner for arson of a structure, the order is vacated where the district court exceeded its habeas powers when it directed the state to modify petitioner's sentence, but the Double Jeopardy Clause would not be implicated if the state court, of its own accord, were to re-sentence petitioner.

Appellate Information

• Decided 11/24/2010
• Published 11/24/2010

Judges

• Carlos T. Bea

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barry L. Morris, Edmund G. Brown