Roberts v. Hartley

OPINION

WALLACE, Senior Circuit Judge:

The Warden appeals from the district court’s issuance of a writ of habeas corpus in favor of Petitioner Kenneth A. Roberts. The district court issued the writ pursuant to 28 U.S.C. § 2254(d) after concluding that California misapplied its standard for determining Roberts’s eligibility for parole. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 2253(a). In light of the Supreme Court’s recent decision in Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011), we reverse.

I

California law vests the State Board of Prison Terms (Board)…