GARCIA v. CAREY

No. 02-56895.

395 F.3d 1099 (2005)

Anthony GARCIA, Petitioner-Appellee, v. Tom L. CAREY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2005.


Attorney(s) appearing for the Case

Lawrence M. Daniels, Deputy Attorney General, Los Angeles, CA, for the respondent-appellant.

Isaac E. Guillen, Robert P. Ramirez, Covina, CA, for the petitioner-appellee.

Before: WALLACE, CANBY, and THOMAS, Circuit Judges.


CANBY, Circuit Judge.

Petitioner Anthony Garcia was convicted of robbery in California state court. The jury found that the robbery was gang related, and that a gun had been used. Garcia's sentence was increased because of those two findings. After exhausting state remedies, Garcia filed a petition for habeas corpus in federal court, pursuant to 28 U.S.C. § 2254, challenging his sentence. The district court granted the petition on the ground that there was constitutionally...

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