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SHIRLEY v. YATES

No. 13-16273.

807 F.3d 1090 (2015)

Darryl Darmont SHIRLEY, Petitioner-Appellant, v. James A. YATES, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2015.

Attorney(s) appearing for the Case

Jennifer M. Sheetz (argued), Mill Valley, CA, for Petitioner-Appellant.

Barton Bowers (argued), Deputy Attorney General; Kamala D. Harris , Attorney General of California; Dane R. Gillette , Chief Assistant Attorney General; Michael P. Farrell , Senior Assistant Attorney General; Michael A. Canzoneri , Supervising Deputy Attorney General, Sacramento, CA, for Respondents-Appellees.

Before: SIDNEY R. THOMAS, Chief Judge, and STEPHEN REINHARDT and MORGAN CHRISTEN, Circuit Judges.

OPINION

I. Introduction

Darryl Shirley was convicted of the first-degree burglary of an unoccupied residence and the second-degree robbery of a sandwich shop (he took $80 from the cash register). In neither instance was anyone harmed, and no weapons were involved in either offense. Shirley was sentenced...

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