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GARCIA-GUZMAN v. RENO

No. C 99-2727 TEH.

65 F.Supp.2d 1077 (1999)

J. Refugio GARCIA-GUZMAN, Petitioner, v. Janet RENO, et al., Respondents.

United States District Court, N.D. California.

September 1, 1999.

Attorney(s) appearing for the Case

Lamar Peckham, Santa Rosa, CA, for petitioner.

Robert Yeargin, U.S. Attorney's Office, San Francisco, Christine A. Bither, U.S. Department of Justice, Washington, DC, for respondents.

ORDER GRANTING WRIT OF HABEAS CORPUS

HENDERSON, District Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

Mr. Garcia-Guzman is a sixty-four year old citizen and national of Mexico who moved to the United States as a lawful permanent resident in 1967. On July 12, 1995, petitioner was convicted of assault with a deadly weapon in violation of California Penal Code § 245(a)(1). On March 20, 1997, he was convicted and sentenced to two years,...

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