Taylor

FILED

NOT FOR PUBLICATION FEB 10 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

ROBERT EVERETT JOHNSON No. 06-17042

Petitioners-Appellant D.C. No. 2:05-cv-0385-DFL-

GGH-P

v.

CLAUDE E. FINN, Warden; MEMORANDUM *

Respondent-Appellee

On Remand From the United States Supreme Court

Before: BERZON, BEA, and SILVERMAN, ** Circuit Judges.

Robert E. Johnson appeals the district court's denial of his writ of habeas

corpus pursuant to 28 U.S.C. y 2254. In 1977, Johnson pleaded guilty to murder in

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** Drawn to replace the Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation, who has retired. the first degree in violation of California Penal Code y 187. He was sentenced to

25-years to life.1 In 1991, the Board of Parole Hearings ('Board') granted Johnson

parole. Governor Wilson reversed the Board's decision,…