Juarez v. Adams

Full title: HUGO DE LEON JUAREZ, Petitioner, v. DERRAL G. ADAMS, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jan 7, 2009

CV 07-533-GW(E) (C.D. Cal. Jan. 7, 2009)

Opinion

HUGO DE LEON JUAREZ, Petitioner, v. DERRAL G. ADAMS, Warden, Respondent. No. CV 07-533-GW(E) United States District Court, C.D. California. January 7, 2009

          ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          GEORGE H. WU, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation with the following revisions and corrections:

         1. At page five, footnote 5, in the second sentence, delete the words "the Ninth Circuit's docket" and insert the words "the California Supreme Court's docket";

         2. At page 28, line 15, delete the citation following "Butler v. Curry" and insert: "528 F.3d at 634-39."

         IT IS ORDERED that (1) a writ of habeas corpus is conditionally granted, in that Respondent shall treat Petitioner's upper term sentence as a middle term sentence, unless within ninety (90) days of the entry of Judgment, Petitioner is resentenced in compliance with Blakely v. Washington , 542 U.S. 296 (2004) and Cunningham v. California , 549 U.S. 270, 127 S.Ct. 856 (2007); and (2) the Petition otherwise is denied with prejudice.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Magistrate Judge's Report and Recommendation and the Judgment herein by United States mail on Petitioner and counsel for Respondent.

         LET JUDGMENT BE ENTERED ACCORDINGLY.