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NUNES v. RAMIREZ-PALMER

No. 06-16100.

485 F.3d 432 (2007)

Roney R. NUNES, Petitioner-Appellant, v. Ana RAMIREZ-PALMER, Attorney General of the State of California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 27, 2007.

Attorney(s) appearing for the Case

Suzanne A. Luban, Oakland, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General for the State of California, Mary Jo Graves, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Juliet B. Haley, Deputy Attorney General, and Glenn R. Pruden, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before RONALD M. GOULD and M. SMITH, JR., Circuit Judges, and ALFRED V. COVELLO, District Judge.

COVELLO, District Judge.

This is an appeal from the district court's order denying a petition for a writ of habeas corpus. The appeal is brought pursuant to 28 U.S.C. § 2253.1 The petitioner-appellant, Roney Nunes, contends that the district court erred when it rejected Nunes's assertions that he was charged and sentenced under California's recidivist statute in violation of the Fifth, Eighth, and Fourteenth Amendments to the United...

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