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JOHNSON v. URIBE

No. 11-55187.

682 F.3d 1238 (2012)

Kennard Gerald JOHNSON, Petitioner-Appellant, v. Domingo URIBE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2012.

Attorney(s) appearing for the Case

Michael J. Proctor , Michael V. Schafler (argued), Albert Giang , for petitioner-appellant Kennard Gerald Johnson.

Kamala D. Harris , Attorney General of California, Gary W. Schons , Senior Assistant Attorney General, Kevin R. Vienna , Supervising Deputy Attorney General, Ronald A. Jakob (argued), Deputy Attorney General (argued), for respondent-appellee Domingo Uribe.

Before: ANDREW J. KLEINFELD and MILAN D. SMITH, JR., Circuit Judges, and ALGENON L. MARBLEY, District Judge.

OPINION

A. MARBLEY, District Judge:

Kennard G. Johnson was sentenced to eleven years, four months in the Superior Court of California following his entry of a plea of guilty to four theft-related counts for defrauding an auto dealership and stealing a vehicle. He petitioned for a writ of habeas corpus in federal court, which the district court granted. Johnson appeals, challenging the adequacy of the district court's chosen remedy for the violation of Johnson...

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