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BIGGS v. SEC. OF CALIF. DEPT. OF CORR. & REHAB.

No. 11-18021.

717 F.3d 678 (2013)

Jeffrey J. BIGGS, Petitioner-Appellant, v. SECRETARY OF the CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2013.

Attorney(s) appearing for the Case

Ann C. McClintock (argued), Assistant Federal Defender, and Daniel J. Broderick , Federal Defender, Office of the Federal Defender, Sacramento, CA, for Petitioner-Appellant.

Krista L. Pollard (argued), Deputy Attorney General, Kamala D. Harris , Attorney General, Jennifer A. Neill , Senior Assistant Attorney General, Jessica N. Blonien , Supervising Deputy Attorney General, Office of the Attorney General, Sacramento, CA, for Respondents-Appellees.

Before: J. CLIFFORD WALLACE, JEROME FARRIS, and JAY S. BYBEE, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

After Jeffrey J. Biggs was convicted of murder and sentenced to twenty-five years to life in prison with the possibility of parole, California amended its constitution to give the Governor authority to review parole-board decisions for prisoners convicted of murder. Cal. Const. art. V, § 8(b). The parole board subsequently found Biggs suitable for parole, but then-Governor Arnold Schwarzenegger reversed the parole board...

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