Pearson

Madelene A. Muntz, the Acting Warden of Chuckawalla Valley State Prison (here inafter referred to as “the State”), appeals the district court’s decision granting Appellee Kenneth Pearson’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 . The district court held that the Governor’s reversal of the decision of the Board of Prison Terms (“the Board”) to grant Pearson parole was not supported by “some evidence” that Pearson would be a danger to public safety if paroled. We have jurisdiction over the State’s appeal pursuant to 28 U.S.C. § 2253 (a) and, in light of Swarthout v. Cooke, - U.S. -, 131 S.Ct. 859 , 178 L.Ed.2d 732 (2011) (per curiam), we reverse.

I.

Under California law, prisoners like Pearson serving indeterminate life prison sentences (i.e., those whose life sentences do not include “without possibility of parole”) “may serve up to life in prison, but they become eligible for parole consideration after serving minimum terms of confinement.” In re Dannenberg, 34 Cal.4th 1061, 1078 , 23 Cal.Rptr.3d 417 , 104 P.3d 783 (2005); see also CaLPenal Code § 3046(a); CaLCode Regs. tit. 15 §§ 2000(b)(3), (b)(67). A year before the prisoner’s “minimum eligible…