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MACIEL v. CATE

No. 11-56620.

731 F.3d 928 (2013)

James D. MACIEL, Petitioner-Appellant, v. Matthew L. CATE; J. Flores, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2013.

Attorney(s) appearing for the Case

Matthew B. Larsen (argued), Deputy Federal Public Defender, and Sean K. Kennedy, Federal Public Defender, Los Angeles, CA, for Petitioner-Appellant.

Gregory J. Marcot (argued), Deputy Attorney General, Kamala D. Harris, Attorney General of California, Jennifer A. Neill, Senior Assistant Attorney General, and Phillip Lindsay, Supervising Deputy Attorney General, San Diego, CA, for Respondent-Appellee.

Before: FORTUNATO P. BENAVIDES, JAY S. BYBEE, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

NGUYEN, Circuit Judge:

California state prisoner James D. Maciel appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his sentence for committing lewd and lascivious acts with force against a child. Maciel contends that the state violated Hill v. United States ex rel. Wampler, 298 U.S. 460, 56 S.Ct. 760, 80 L.Ed. 1283 (1936), by imposing a parole term and a sex...

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