Chioino v. Kernan, No. 08-15265

In a state robbery prosecution, grant of petitioner's habeas petition is reversed where the district court erred in reducing petitioner's sentence instead of remanding to the California trial court for resentencing, because the district judge's role in the habeas proceeding was solely to ensure that petitioner's sentence was constitutionally determined.

Read Chioino v. Kernan, No. 08-15265

Appellate Information

Submitted July 16, 2009

Filed September 21, 2009

Judges

Opinion by Judge Smith

Counsel

For Appellant:

Peggy S. Ruffra, Supervising Deputy Attorney General

Jeffrey M. Laurence, Deputy Attorney General, San Francisco, CA

For Appellee:

Mary McNamara, Swanson, McNamara & Haller LLP, San Francisco, CA

August Gugelmann, Swanson, McNamara & Haller LLP, San Francisco, CA