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IRONS v. CAREY

No. 05-15275.

479 F.3d 658 (2007)

Carl Merton IRONS, II, Petitioner-Appellee, U.S. Attorney General, Intervenor, v. Tom L. CAREY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2007.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Stephen P. Acquisto, Supervising Deputy Attorney General, & Pamela B. Hooley, Deputy Attorney General, for the respondent-appellant.

Quin Denvir, Federal Defender, & Ann C. McClintock, Assistant Federal Defender, for the petitioner-appellee.

Before STEPHEN REINHARDT, JOHN T. NOONAN, and FERDINAND F. FERNANDEZ, Circuit Judges.

REINHARDT, Circuit Judge.

The state appeals the district court's grant of habeas corpus to Carl Merton Irons II. The district court granted relief after finding that there was insufficient evidence in the record to support the California Board of Prison Term's decision to deem Irons ineligible for parole in 2001. In light of the California Supreme Court's decision in In re Dannenberg, 34 Cal.4th 1061,

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