COOKE v. SOLIS

No. 06-15444.

606 F.3d 1206 (2010)

Damon COOKE, Petitioner-Appellant, v. Jose SOLIS, Warden, California Training Facility—Central; Board of Prison Terms; A. Kane, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated August 7, 2007.

Resubmitted May 28, 2010.

Filed June 4, 2010.


Attorney(s) appearing for the Case

Michael Satris (argued), Law Office of Michael Satris, Bolinas, CA; Amy F. Morton, Morton & Russo, Vallejo, CA, for the petitioner-appellant.

Jessica Nicole Blonien (argued), Office of the California Attorney General, Sacramento, CA; Elizabeth S. Kim, Office of the California Attorney General, Oakland, CA, for the respondents-appellees.

Before: STEPHEN REINHARDT, KIM McLANE WARDLAW and MILAN D. SMITH, JR., Circuit Judges.


REINHARDT, Circuit Judge:

In 1991, Damon Cooke was convicted of attempted first degree murder. He was sentenced to seven years to life in prison with the possibility of parole, plus a four-year enhancement for using a firearm. In November 2002, the California Board of Prison Terms1 held a hearing to determine whether Cooke was suitable for parole. At the conclusion of the hearing, the Board denied him parole, relying primarily on the circumstances...

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