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GAUTT v. LEWIS

No. 03-55534.

489 F.3d 993 (2007)

Darrell Anthony GAUTT, Petitioner-Appellant, v. Gail LEWIS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2007.

Attorney(s) appearing for the Case

Wayne Young, Santa Monica, CA, for the petitioner-appellant.

Ryan B. McCarroll and Steven E. Mercer, Deputy Attorney Generals, Los Angeles, CA, for the respondent-appellee.

Before: M. MARGARET McKEOWN and MARSHA S. BERZON, Circuit Judges, and SAMUEL P. KING, Senior District Judge.

BERZON, Circuit Judge.

We consider whether Darrell Anthony Gautt's constitutional due process right to be informed of the charges against him was violated when he was charged with a sentencing enhancement under one statute, section 12022.53(b) of the California Penal Code,1 but had his sentence enhanced under a second, different statute, section 12022.53(d). The first statute, not the second,...

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