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ESTRELLA v. OLLISON

Nos. 10-56203.

668 F.3d 593 (2011)

Jose Antonio ESTRELLA, Petitioner-Appellant, v. Derrick L. OLLISON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2011.

Attorney(s) appearing for the Case

Michael Tanaka , Deputy Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

Matthew Mulford , Deputy Attorney General, Office of Attorney General of California, San Diego, CA, for the respondent-appellee.

Before: D.W. NELSON, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

OPINION

D.W. NELSON, Senior Circuit Judge:

Petitioner Jose Estrella appeals the denial of his habeas petition. Estrella contends that the California state trial court violated his Sixth Amendment rights when it imposed an upper term sentence based in part on its conclusion that he was on parole for a violent offense at the time of the crime. The district court concluded that Estrella suffered an error pursuant Apprendi v. New Jersey,

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