ARNOLD v. RUNNELS

No. 04-15194.

421 F.3d 859 (2005)

Grady ARNOLD, Petitioner-Appellant, v. D.L. RUNNELS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2005.


Attorney(s) appearing for the Case

Amitai Schwartz, Esq., Elizabeth Letcher, Esq., Emeryville, CA, for the appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Peggy S. Ruffra, Supervising Deputy Attorney General, Morris Beatus, Deputy Attorney General, San Francisco, CA, for the appellee.

Before MYRON H. BRIGHT, TASHIMA, and CALLAHAN, Circuit Judges.


BRIGHT, Circuit Judge.

Grady Arnold, at age thirty-six, was sentenced by a California state court to serve a forty-one-year to life imprisonment sentence as a third-strike offender, upon being convicted of attempted armed robbery, possession of a firearm by a convicted felon, and shooting at an occupied building in violation of the California Penal Code. His conviction was affirmed by the state court of appeal. Following denial of review by the Supreme Court of California...

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