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.
Submitted July 16, 2009
Filed September 21, 2009
Opinion by Judge Smith
Peggy S. Ruffra, Supervising Deputy Attorney General
Jeffrey M. Laurence, Deputy Attorney General, San Francisco, CA
Mary McNamara, Swanson, McNamara & Haller LLP, San Francisco, CA
August Gugelmann, Swanson, McNamara & Haller LLP, San Francisco, CA