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CARTY v. NELSON

No. 03-56766.

426 F.3d 1064 (2005)

Jimmy D. CARTY, Petitioner-Appellant, v. Craig NELSON, Warden; Bill Lockyer, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2005.

Attorney(s) appearing for the Case

Matthew D. Brown, CJA, San Francisco, CA (argued); Christopher R.J. Pace, Cooley Goodward LLP, San Diego, CA (briefed), for the petitioner-appellant.

Bradley A. Weinreb, Deputy Attorney General, San Diego, CA, for the respondents-appellees.

Before: PREGERSON, FISHER, and BYBEE, Circuit Judges.

PREGERSON, Circuit Judge:

In April 1991, California prisoner Jimmy D. Carty ("Carty") pled guilty to seven counts of Committing a Lewd and Lascivious Act Upon a Child Under the Age of 14, in violation of California Penal Code section 288(a). Carty was sentenced to state prison for a term of sixteen years. Eight years later — a day before Carty was to be released on parole — the San Diego County District Attorney filed a civil commitment petition against...

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