Fowler v. Attorney General of California
Fowler v. Attorney General of California
Opinion of the Court
MEMORANDUM
The State of California, on behalf of Warden William Sullivan, appeals from the district court’s order granting Chris Fowler’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 2253. We re
The district court erred when it granted the petition and issued the writ on the basis that the California Board of Prison Terms’ February 10, 2000, denial of parole violated Fowler’s due process rights. See Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127-29 (9th Cir. 2006). In determining the issue before us, we follow our prior decisions, which have held that due process requires that there be some evidence to support the decision to deny parole. See Sass, 461 F.3d at 1128-29; Irons v. Carey, 505 F.3d 846, 850-51 (9th Cir. 2007) .
Because the California Board of Prison Terms’ February 2000 decision denying Fowler parole is supported by some evidence, the state court’s decision rejecting Fowler’s due process claim was not contrary to, and did not involve an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States. See 28 U.S.C. § 2254(d)(1); see also Irons, 505 F.3d at 851.
REVERSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Sullivan’s argument that clearly established Supreme Court law does not require that there be some evidence is foreclosed by our prior decisions. See United States v. Gay, 967 F.2d 322, 327 (9th Cir. 1992) ("one three-judge panel of this court cannot reconsider or overrule the decision of a prior panel”).
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