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McCULLOUGH v. KANE

No. 07-16049.

630 F.3d 766 (2010)

Fred McCULLOUGH, Petitioner-Appellee, v. Anthony KANE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn December 4, 2007.

Resubmitted and Filed December 27, 2010.

Attorney(s) appearing for the Case

Daniel Henry Bookin , and Dixie Noonan , O'Melveny & Myers LLP, San Francisco, CA, for petitioner-appellee.

Amber N. Wipfler , Office of the California Attorney General, San Francisco, CA, for respondent-appellant.

Opinion by Judge B. FLETCHER, Dissent by Judge RAWLINSON.

OPINION

B. FLETCHER, Circuit Judge:

In 1983, at the age of 21, Fred McCullough was convicted of murder and sentenced to 15 years to life in prison. While in prison, McCullough earned his GED, his associate's degree, and his bachelor's degree in social work. He participated in a juvenile offender deterrent program, helping to keep children out of trouble. He obtained job training and excelled in his employment placements...

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