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NULPH v. COOK

No. 01-35556.

333 F.3d 1052 (2003)

George W. NULPH, Petitioner-Appellant, v. Dave COOK, Director of the Department of Corrections; Hardy Myers, Attorney General of the State of Oregon, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2003.

Attorney(s) appearing for the Case

Wendy R. Willis, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondents-appellees.

Before: FERGUSON, W. FLETCHER, Circuit Judges, and KING, District Judge.

Opinion by Judge FERGUSON; Dissent by District Judge KING.

OPINION

FERGUSON, Circuit Judge.

Petitioner/Appellant George William Nulph appeals the District Court's denial of his habeas petition, which alleged that the Oregon State Board of Parole ("Board") vindictively increased his sentence from 30-years to 75-years imprisonment after he prevailed in this Court on a previous habeas action challenging the...

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