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WHEELER v. YARBROUGH

No. CV03-1191DSFRNB.

352 F.Supp.2d 1085 (2005)

Darrell WHEELER, Petitioner, v. Michael YARBROUGH, Respondent.

United States District Court, C.D. California.

January 4, 2005.

Attorney(s) appearing for the Case

John Yang, Deputy Attorney General, California Department of Justice, Los Angeles, CA, for respondent.

ORDER DENYING DARRELL WHEELER'S PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ADOPT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

FISCHER, District Judge.

Petitioner claims that the use of his 1990 conviction to enhance his 2000 sentence pursuant to California's Three Strikes Law breached the terms of the plea agreement that resulted in the 1990 conviction and violated his Fourteenth Amendment right to due process.

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