U.S. Court of Appeals for the Ninth Circuit, 2012

George Ledesma v. John Marshall

George Ledesma v. John Marshall
U.S. Court of Appeals for the Ninth Circuit · Decided January 20, 2012 · Schroeder, O'Scannlain, Berzon
466 F. App'x 647

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.

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