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RAMIREZ v. CASTRO

No. 02-56066.

365 F.3d 755 (2004)

Isaac RAMIREZ, Petitioner-Appellee, v. R.A. CASTRO, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted January 8, 2004.

Filed April 19, 2004.

As Amended April 27, 2004.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California; Robert R. Anderson, Chief Assistant Attorney General; Gary W. Schons, Senior Assistant Attorney General; Raquel M. Gonzalez, Supervising Deputy Attorney General; and Quisteen S. Shum, Deputy Attorney General, San Diego, CA for the respondent-appellant.

Petitioner-appellee Isaac Ramirez in pro se.

Before: NOONAN, KLEINFELD, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

The State of California through its Attorney General, Bill Lockyer, appeals from the district court's judgment granting a writ of habeas corpus to petitioner Isaac Ramirez on the grounds that (1) his 25-years-to-life sentence under California's "Three Strikes" law, Cal.Penal Code §§ 667, 667.5, and 1170.12, violated his Eighth Amendment right to be free from cruel and unusual punishment, and (2) the California Court of Appeal's decision...

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