Nos. 14-15613, 14-15680.

814 F.3d 1007 (2016)

Richard M. GILMAN, Plaintiff-Appellee/Cross-Appellant, v. Edmund G. BROWN, Jr.; Jones Moore, Board of Prison Terms; J. Davis; M. Hochino; Booker Welch, Board of Prison Terms Commissioner; Susan Fisher; L. Dininni, Board of Prison Terms Deputy Commissioner; M. Perez; Dennis Kenneally; Noreen Blonien, Board of Prison Terms Deputy Commissioner; Board of Parole Hearings, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2016.

Attorney(s) appearing for the Case

Christopher John Rench (argued) and Maria G. Chan , Deputy Attorneys General, California Department of Justice, Sacramento, CA; Sara Romano , Supervising Deputy Attorney General, California Department of Justice, San Francisco, CA, for Defendants-Appellants/Cross-Appellees.

Monica Knox (argued), David Miles Porter , and Ann Catherine McClintock , Assistant Federal Public Defenders, Federal Public Defender's Office, Sacramento, CA, for Plaintiff-Appellee/Cross-Appellant.

Mark Zahner , Chief Executive Officer, California District Attorneys Association, Sacramento, CA; Bonnie M. Dumanis , District Attorney, and Richard J. Sachs , Deputy District Attorney, San Diego, CA, for Amicus Curiae California District Attorneys Association.

Richard Crane, San Diego, California, as and for pro se Amicus Curiae.



In California, voters have the power to change criminal-sentencing law at the ballot box. They can amend statutes and the state constitution. In 1988 and again in 2008, the voters exercised this power through the passage of Proposition 89 and then Proposition 9. Proposition 89 amended the California Constitution...

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