Calloway v. Pelican Bay State Prison Warden et al

Filing 78

JUDGMENT Signed by Judge Whyte on 2/5/13. (rmwlc1, COURT STAFF) (Filed on 2/5/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES W. CALLOWAY,

Case No. C 02-05882 RMW

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Petitioner, JUDGMENT
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v.
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RANDY GROUNDS, Warden,
Respondent.

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It is hereby adjudged that petitioner James Wilson Calloway's petition for writ of habeas

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corpus is granted. Petitioner's sentence is vacated. Respondent shall release petitioner from

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custody absent further order of the Superior Court of San Mateo County and absent

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commencement of resentencing proceedings in a manner consistent with the views stated in the

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Ninth Circuit's memorandum decision and the precedent case Wilson v. Knowles, 638 F.3d 1213

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(9th Cir. 2011). Any such resentencing shall be commenced within 45 days of the date of service

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of this order on the San Mateo County District Attorney's office.

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February 5, 2013
Dated: ___________________________

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The Honorable Ronald M. Whyte

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Judgment (C 02-05882 RMW)