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SMITH v. HEDGPETH

No. 11-16858.

706 F.3d 1099 (2013)

Steve Allen SMITH, Petitioner-Appellant, v. Anthony HEDGPETH, Warden; Attorney General for the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2013.

Attorney(s) appearing for the Case

Cliff Gardner and Lawrence A. Gibbs , Berkeley, CA, for Petitioner-Appellant.

Kamala D. Harris , Attorney General, Michael P. Farrell , Senior Assistant Attorney General, and Brian G. Smiley and Justain P. Riley , Deputy Attorneys General, Sacramento, CA, for Respondents-Appellees.

Before: JEROME FARRIS, FERDINAND F. FERNANDEZ, and JAY S. BYBEE, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

In this Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") action we address whether clearly established federal law requires that sentencing enhancements be considered for purposes of the Double Jeopardy Clause of the Fifth Amendment. The district court denied Smith's Petition for Writ of Habeas Corpus, holding that clearly established federal law does not require the consideration of sentencing enhancements when...

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