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BANYARD v. DUNCAN

No. CV 99-11018-JSL.

342 F.Supp.2d 865 (2004)

Michael BANYARD, Petitioner, v. William A. DUNCAN, Warden, Respondent.

United States District Court, CD. California.

October 4, 2004.

Attorney(s) appearing for the Case

Gregory Nicolayson, Encino, CA, for Petitioner.

Stephanie A. Miyoshi, Deputy Attorney General State of California, Los Angeles, CA, for Respondent.

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND VACATING SENTENCE

LETTS, District Judge.

INTRODUCTION

Petitioner Michael Banyard was arrested for possessing a fraction of a gram of rock cocaine, which he had just purchased and which was enough only for a single use. Banyard, however, was charged under the California Three Strikes Law ("Three Strikes Law") and was determined by the sentencing court to have had two prior "serious felony" convictions...

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