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NUNES v. MUELLER

No. 03-15509.

350 F.3d 1045 (2003)

Jeffrey Welton NUNES, Petitioner-Appellee, v. G.A. MUELLER, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2003.

Attorney(s) appearing for the Case

Morris Beatus, Deputy Attorney General, San Francisco, California, argued the case for the respondent-appellant and was on the briefs. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General and Peggy S. Ruffra, Supervising Deputy Attorney General were also on the briefs.

Daniel J. Broderick, Chief Assistant Federal Defender, San Francisco, California, argued the case for the petitioner-appellee and was on the brief. Quin Denvir, Federal Defender, Sacramento, California, was also on the brief.

Before: REINHARDT and GRABER, Circuit Judges, and SHADUR, District Judge.

Argued and Submitted August 13, 2003 — San Francisco, California.

Opinion by Judge SHADUR; Dissent by Judge GRABER.

OPINION

SHADUR, District Judge:

Folsom State Prison Warden Glenn A. Mueller ("Mueller") appeals the district court's order granting habeas corpus relief under 28 U.S.C. § 22541 to Folsom prisoner Jeffrey Welton Nunes ("Nunes"). That relief was predicated on Nunes' claim that he had received...

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