George Ledesma v. John Marshall

U.S. Court of Appeals for the Ninth Circuit
George Ledesma v. John Marshall, 466 F. App'x 647 (9th Cir. 2012)

George Ledesma v. John Marshall

Opinion

MEMORANDUM **

Warden John Marshall contends that the district court erred when it granted George Ledesma’s petition for a writ of habeas corpus under 28 U.S.C. § 2254(d). We agree. When he was denied parole in November 2006, Ledesma received all process that was due to him. See Swarthout v. Cooke, —U.S.—, 131 S.Ct. 859, 862-63, 178 L.Ed.2d 732 (2011) (per curiam). Swar thout—d ecided while this appeal was pending — makes clear that federal habeas relief is not available based on the misapplication of California’s “some evidence” rule of judicial review. See id. at 861-63.

We direct the district court to enter judgment for Marshall and to deny Ledesma’s habeas petition.

REVERSED and REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
George LEDESMA, Petitioner-Appellee, v. John MARSHALL, Respondent-Appellant
Status
Unpublished