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BUCKLEY v. TERHUNE

No. 03-55045.

397 F.3d 1149 (2005)

Brian A. BUCKLEY, Petitioner-Appellee, v. C.A. TERHUNE, Director of the CDC, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2005.

Attorney(s) appearing for the Case

Noah P. Hill, Deputy Attorney General, Los Angeles, CA, for the respondent-appellant.

Allen Bloom, San Diego, California, for the petitioner-appellee.

Before: TROTT, RAWLINSON, and BEA, Circuit Judges.

TROTT, Circuit Judge:

C.A. Terhune, Director of the California Department of Corrections, ("State") appeals the district court's grant of Brian Buckley's petition for a writ of habeas corpus. The State's appeal is timely, and we have jurisdiction under 28 U.S.C. § 2253. The district court did not afford the state court's determination of facts the appropriate level of deference. Accordingly, we reverse the judgment...

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