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BRADWAY v. CATE

No. 08-55296.

588 F.3d 990 (2009)

Gabriel John BRADWAY, Petitioner-Appellant, v. Matthew CATE, Secretary of the California Department of Corrections; Edmund G. Brown, Jr., Attorney General, State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2009.

Attorney(s) appearing for the Case

Matthew Braner, Deputy Public Defender, San Diego, CA, for the petitioner-appellant.

Barry J. Carlton, Deputy Attorney General, San Diego, CA, for the respondents-appellees.

Before: WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON, and N. RANDY SMITH, Circuit Judges.

CANBY, Circuit Judge.

Gabriel Bradway appeals the denial of his habeas corpus petition, alleging that the California special circumstances statute that enhanced his first degree murder sentence to life without the possibility of parole is unconstitutionally vague in violation of Due Process Clause of the Fourteenth Amendment. We affirm.

INTRODUCTION

In 2001, Bradway was charged with first degree murder by...

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