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DELGADILLO v. WOODFORD

No. 07-55089.

527 F.3d 919 (2008)

Herculano DELGADILLO, Petitioner-Appellant, v. Jeanne S. WOODFORD, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2008.

Attorney(s) appearing for the Case

Vivian A. Fu, San Francisco, CA, for the petitioner-appellant.

Meagan J. Beale, Deputy Attorney General, Office of the Attorney General of the State of California, San Diego, CA, for the respondent-appellee.

Before: DAVID R. THOMPSON, KIM MCLANE WARDLAW, and SANDRA S. IKUTA, Circuit Judges.

IKUTA, Circuit Judge.

This appeal requires us to consider whether for purposes of our review under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254(d)(1), a state habeas court's decision to apply Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), retroactively to uphold a defendant's sentence is an unreasonable application of Supreme Court precedent. Although Whorton...

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