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KAUA v. FRANK

Civ. No. 03-00432 SOM/BMK.

350 F.Supp.2d 848 (2004)

Wayman KAUA, Petitioner, v. Clayton FRANK, Warden, Halawa Correctional Center, Respondent.

United States District Court, D. Hawai`i.

December 9, 2004.

Attorney(s) appearing for the Case

Peter Wolff, Jr., Federal Defender, Office of the Federal Public Defender, Honolulu, HI, Attorney for Petitioner.

Loren J. Thomas, Office of the Prosecuting Attorney, Honolulu, HI, Attorneys for Respondent.

ORDER GRANTING PETITIONER'S 28 U.S.C. § 2254 PETITION TO VACATE EXTENDED SENTENCE

MOLLWAY, District Judge.

I. INTRODUCTION.

Petitioner Wayman Kaua challenges an extended sentence imposed on him by a state judge pursuant to the state law in effect at the time he was sentenced. Following the imposition of his sentence, but before his judgment of conviction and sentence became final, the United States Supreme Court decided Apprendi...

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