FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JOHNNY BACA, No. 13-56132 Petitioner-Appellant, D.C. No. v. 5:08-cv-00683- MMM-PJW DERRAL ADAMS, Respondent-Appellee.

ORDER

Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding Argued and Submission Deferred January 8, 2015 Resubmitted January 30, 2015 Pasadena, California Filed January 30, 2015 Before: Alex Kozinski, Kim McLane Wardlaw, and William A. Fletcher, Circuit Judges.

Order 2 BACA V. ADAMS COUNSEL Patrick J. Hennessey, Jr. (argued), Law Office of Patrick Hennessey, San Diego, California, for Petitioner-Appellant.

David Delgado-Rucci, Kevin Vienna (argued), Office of the California Attorney General, San Diego, California, for Respondent-Appellee.

ORDER Respondent’s unopposed motion to summarily reverse the district court’s judgment is hereby GRANTED.

The judgment below is REVERSED. The district court is directed to enter an order granting a conditional writ of habeas corpus, releasing Baca from custody unless the state of California retries him within a reasonable period of time.

REVERSED and REMANDED. The mandate shall issue forthwith.