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WILSON v. KNOWLES

No. 07-17318.

631 F.3d 1295 (2011)

Rick J. WILSON, Petitioner-Appellant, v. Mike KNOWLES, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2011.

Attorney(s) appearing for the Case

John Balazs, Sacramento, CA, for the petitioner.

Edmund G. Brown Jr., Attorney General of California, Gerald A. Engler, Senior Assistant Attorney General, Gregory A. Ott, Deputy Attorney General, and Peggy S. Ruffra, Supervising Deputy Attorney General, San Francisco, CA, for the respondent.

Opinion by Judge NOONAN; Dissent by Chief Judge KOZINSKI.

OPINION

NOONAN, Circuit Judge:

Rick Wilson appeals the denial of his petition for a writ of habeas corpus. Holding that the California courts violated Wilson's right to due process under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we reverse the judgment of the district court and remand.

BACKGROUND

In 1993, Wilson pleaded no contest to gross vehicular manslaughter...

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