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MACIEL v. CATE

No. 11-56620.

731 F.3d 928 (2013)

James D. MACIEL, Petitioner-Appellant, v. Matthew L. CATE; J. Flores, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2013.

Attorney(s) appearing for the Case

Matthew B. Larsen (argued), Deputy Federal Public Defender, and Sean K. Kennedy , Federal Public Defender, Los Angeles, CA, for Petitioner-Appellant.

Gregory J. Marcot (argued), Deputy Attorney General, Kamala D. Harris , Attorney General of California, Jennifer A. Neill , Senior Assistant Attorney General, and Phillip Lindsay , Supervising Deputy Attorney General, San Diego, CA, for Respondent-Appellee.

Before: FORTUNATO P. BENAVIDES, JAY S. BYBEE, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

NGUYEN, Circuit Judge:

California state prisoner James D. Maciel appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his sentence for committing lewd and lascivious acts with force against a child. Maciel contends that the state violated Hill v. United States ex rel. Wampler, 298 U.S. 460, 56 S.Ct. 760, 80 L.Ed. 1283 (1936), by imposing a parole term and a sex...

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