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MARZANO v. KINCHELOE

No. 89-35891.

915 F.2d 549 (1990)

Daniel Francis MARZANO, Petitioner-Appellee, v. Lawrence KINCHELOE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1990.

Attorney(s) appearing for the Case

Thornton Wilson, Asst. Atty. Gen., Corrections Div., Olympia, Wash., for respondent-appellant.

Rita J. Griffith, Washington Appellate Defender, Seattle, Wash., for petitioner-appellee.

Before HUG, NELSON and BRUNETTI, Circuit Judges.

HUG, Circuit Judge:

The State of Washington appeals the district court's grant of Daniel Marzano's 28 U.S.C. § 2254 (1988) habeas petition. Marzano was sentenced to life imprisonment without the possibility of parole on one of the two counts of murder to which he pled guilty. The district court granted the petition for the reason that a sentence of life imprisonment without the possibility of parole cannot be constitutionally imposed on Marzano under the Washington...

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