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ROBERTS v. HARTLEY

No. 10-15760.

640 F.3d 1042 (2011)

Kenneth A. ROBERTS, Petitioner-Appellee, v. James D. HARTLEY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2011.

Attorney(s) appearing for the Case

Christopher J. Rench , Deputy Attorney General, Sacramento, CA, for appellant James D. Hartley.

David M. Porter , Assistant Federal Defender, Sacramento, CA, for appellee Kenneth A. Roberts.

Before: ALEX KOZINSKI, Chief Judge, J. CLIFFORD WALLACE and BARRY G. SILVERMAN, Circuit Judges.

OPINION

WALLACE, Senior Circuit Judge:

The Warden appeals from the district court's issuance of a writ of habeas corpus in favor of Petitioner Kenneth A. Roberts. The district court issued the writ pursuant to 28 U.S.C. § 2254(d) after concluding that California misapplied its standard for determining Roberts's eligibility for parole. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 2253(a). In light of the Supreme Court's recent decision...

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