UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
January 7, 2009
HUGO DE LEON JUAREZ, PETITIONER,
DERRAL G. ADAMS, WARDEN, RESPONDENT.
The opinion of the court was delivered by: George H. WU United States District Judge
ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation with the following revisions and corrections:
1. At page five, footnote 5, in the second sentence, delete the words "the Ninth Circuit's docket" and insert the words "the California Supreme Court's docket";
2. At page 28, line 15, delete the citation following "Butler v. Curry" and insert: "528 F.3d at 634-39."
IT IS ORDERED that (1) a writ of habeas corpus is conditionally granted, in that Respondent shall treat Petitioner's upper term sentence as a middle term sentence, unless within ninety (90) days of the entry of Judgment, Petitioner is resentenced in compliance with Blakely v. Washington, 542 U.S. 296 (2004) and Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856 (2007); and (2) the Petition otherwise is denied with prejudice.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Magistrate Judge's Report and Recommendation and the Judgment herein by United States mail on Petitioner and counsel for Respondent.
LET JUDGMENT BE ENTERED ACCORDINGLY.
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