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Johnson v. Spearman

United States District Court, Ninth Circuit, California, C.D. California, Western Division
Jun 10, 2013
CV 13-3021 JVS (AJW) (C.D. Cal. Jun. 10, 2013)

Summary

concluding that because the petitioner was not entitled to resentencing under § 1170.126 under state law based upon the fact that his current second-degree robbery conviction was defined as a serious or violent felony, the state court's denial of his petition to recall his sentence could not have deprived him of any federally protected right

Summary of this case from Tuggle v. Perez

Opinion


MATTHEW LOUIS JOHNSON, Petitioner, v. M. E. SPEARMAN, WARDEN, Respondent. No. CV 13-3021 JVS (AJW). United States District Court, C.D. California, Western Division. June 10, 2013.

          ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

          JAMES V. SELNA, District Judge.

         The Court has reviewed the entire record in this action, the Report and Recommendation of Magistrate Judge ("Report"), the Supplemental Report and Recommendation, and petitioner's objections to the Report. The Court accepts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.


Summaries of

Johnson v. Spearman

United States District Court, Ninth Circuit, California, C.D. California, Western Division
Jun 10, 2013
CV 13-3021 JVS (AJW) (C.D. Cal. Jun. 10, 2013)

concluding that because the petitioner was not entitled to resentencing under § 1170.126 under state law based upon the fact that his current second-degree robbery conviction was defined as a serious or violent felony, the state court's denial of his petition to recall his sentence could not have deprived him of any federally protected right

Summary of this case from Tuggle v. Perez
Case details for

Johnson v. Spearman

Case Details

Full title:MATTHEW LOUIS JOHNSON, Petitioner, v. M. E. SPEARMAN, WARDEN, Respondent.

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

Date published: Jun 10, 2013

Citations

CV 13-3021 JVS (AJW) (C.D. Cal. Jun. 10, 2013)

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