Legal Opinion
Chioino v. Kernan
Court of Appeals for the Ninth Circuit
Decided September 21, 2009No. 08-15265PublishedCited by 11 opinions
1Opinion of the Court
MILAN D. SMITH, JR., Circuit Judge:
Patrick F. Chioino (Petitioner) is a California state prisoner who pleaded guilty to robbery and personal use of a firearm with a prior strike conviction, and was sentenced by a California trial court judge to an upper-term sentence with enhancements, totaling twenty-two years. The district court granted Petitioner’s post-conviction petition for a writ of habeas corpus, finding that Petitioner’s sentence should have been a middle-term sentence with enhancements, totaling eighteen years. Warden Scott M. Kernan (Respondent) appeals, arguing that the district…
2Cases cited14 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Teague v. LaneSupreme Court of the United States · 1989
- Hilton v. BraunskillSupreme Court of the United States · 1987
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Miller v. FloridaSupreme Court of the United States · 1987
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Douglas v. JacquezCourt of Appeals for the Ninth Circuit · 2010
- Reuben Lujan v. Silvia GarciaCourt of Appeals for the Ninth Circuit · 2013
- Frank Loher v. Todd ThomasCourt of Appeals for the Ninth Circuit · 2016
- Kennard Johnson v. Domingo Uribe, Jr.Court of Appeals for the Ninth Circuit · 2012
- Jensen v. HernandezDistrict Court, E.D. California · 2012
6 more not listed; retrieve them via the Exa API.