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PEARSON v. MUNTZ

No. 08-55728.

639 F.3d 1185 (2011)

Kenneth PEARSON, Petitioner-Appellee, v. Madelene A. MUNTZ, Acting Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2011.

Attorney(s) appearing for the Case

Marc Grossman , Law Offices of Marc E. Grossman, Upland, CA, for the petitioner-appellee.

Julie L. Garland , Senior Assistant Attorney General, and Amy M. Roebuck , Deputy Attorney General, San Diego, CA, for the respondent-appellant.

Before: STEPHEN REINHARDT, MARSHA S. BERZON, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

BERZON, Circuit Judge:

Madelene A. Muntz, the Acting Warden of Chuckawalla Valley State Prison (hereinafter referred to as "the State"), appeals the district court's decision granting Appellee Kenneth Pearson's petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court held that the Governor's reversal of the decision of the Board of Prison Terms1 ...

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