Buckley v. Terhune

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BRIAN A. BUCKLEY,  Petitioner-Appellee, No. 03-55045 v.  D.C. No. CV-00-02435-JSL C. A. TERHUNE, Director of the CDC, OPINION Respondent-Appellant.  Appeal from the United States District Court for the Central District of California J. Spencer Letts, District Judge, Presiding Argued and Submitted January 9, 2004—Pasadena, California Filed January 25, 2005 Before: Stephen S. Trott, Johnnie B. Rawlinson, and Carlos T. Bea, Circuit Judges. Opinion by Judge Trott; Dissent by Judge Bea 1075 BUCKLEY v. TERHUNE 1079 COUNSEL Noah…