Sass

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN SASS, 

Petitioner-Appellant, No. 05-16455 v. CALIFORNIA BOARD OF PRISON  D.C. No.

CV-01-00835-MCE

TERMS; ATTORNEY GENERAL OF THE

OPINION

STATE OF CALIFORNIA,

Respondents-Appellees.  Appeal from the United States District Court for the Eastern District of California Morrison C. England, District Judge, Presiding

Argued and Submitted March 16, 2006—San Francisco, California

Filed August 31, 2006

Before: Alfred T. Goodwin, Stephen Reinhardt, and Michael Daly Hawkins, Circuit Judges.

Opinion by Judge Goodwin; Dissent by Judge Reinhardt

10563 10566 SASS v. CALIFORNIA BOARD OF PRISON TERMS

COUNSEL

Margaret Littlefield and Michael Satris, Law Offices of Michael Satris, Bolinas, California, for the petitioner- appellant.

Julie L. Garland, Supervising Deputy Attorney General, San Diego, California, for the respondent-appellee.

OPINION

GOODWIN, Circuit Judge:

California state prisoner Brian Sass appeals the district court’s denial of his petition for a writ of habeas corpus. Sass argues that the California Board of Prison Terms’ decisions, in…