U.S. Court of Appeals for the Ninth Circuit, 2011

Stephen Liebb v. Vince Cullen

Stephen Liebb v. Vince Cullen
U.S. Court of Appeals for the Ninth Circuit · Decided April 14, 2011 · Reinhardt, Hawkins, Gould
427 F. App'x 566

Stephen Liebb v. Vince Cullen

Opinion

MEMORANDUM **

Warden Vince Cullen appeals the district court’s grant of Stephen Liebb’s petition for a writ of habeas corpus. Liebb argued that there was not “some evidence” to support the denial of his parole. In light of Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011) (per curiam), we hold that Liebb’s federal right of due process was not violated. Liebb does not argue that he was denied an opportunity to speak at his hearing and contest the evidence against him, that he was denied access to his record in advance, or that he was not notified of the reasons why parole was denied. See id. at 862. Accordingly, we reverse the district court’s grant of his habeas petition.

REVERSED and REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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