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KAUA v. FRANK

No. 05-15059.

436 F.3d 1057 (2006)

Wayman KAUA, Petitioner-Appellee, v. Clayton FRANK, Warden, Halawa Correctional Facility; State of Hawaii, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2006.

Attorney(s) appearing for the Case

Peter B. Carlisle, Prosecuting Attorney, and Loren J. Thomas, Deputy Prosecuting Attorney, Honolulu, HI, for the respondents-appellants.

Peter C. Wolff, Jr., Federal Public Defender, Honolulu, HI, for the petitioner-appellee.

Before TROTT, T.G. NELSON, and PAEZ, Circuit Judges.

T.G. NELSON, Circuit Judge.

Appellants, the State of Hawaii and Clayton Frank,1 appeal the Hawaii district court's grant of Wayman Kaua's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm. The Hawaii sentencing court found that an extended sentence was necessary to protect the public in Kaua's case. Because the effect of this finding...

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