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PAULINO v. CASTRO

No. 02-55924.

371 F.3d 1083 (2004)

Delbert PAULINO, Petitioner-Appellant, v. R.A. CASTRO, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2004.

Attorney(s) appearing for the Case

Terri A. Law, Sherman Oaks, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, Donald E. De Nicola, Deputy Attorney General, and Stephanie A. Mitchell, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: KOZINSKI, O'SCANNLAIN and SILVERMAN, Circuit Judges.

KOZINSKI, Circuit Judge:

Petitioner Delbert Paulino is serving a life sentence, plus one year, without the possibility of parole. A California jury convicted Paulino of kidnapping for robbery in violation of section 209(b) of the California Penal Code, second-degree robbery in violation of section 211, and first-degree murder in violation of section 187(a), for his participation in the events leading to the killing of Aundray Boykins. The California Court of Appeal...

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