Kenneth Kon v. Martin Gamboa

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 15 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KENNETH KON, No. 21-55430

Petitioner-Appellee, D.C. No. 8:16-cv-00397-SVW-SK v.

MARTIN GAMBOA, MEMORANDUM*

Respondent-Appellant.

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Argued and Submitted February 7, 2022 Pasadena, California

Before: BERZON and WATFORD, Circuit Judges, and WHALEY,** District Judge.

Acting Warden Martin Gamboa (“Warden”) appeals the district court’s grant

of habeas corpus relief. We have jurisdiction under 28 U.S.C. § 2253(a). We

review de novo a district court’s decision to grant or deny a petition for writ of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Robert H. Whaley, United States District Judge for the Eastern District of Washington, sitting by designation. habeas corpus. Lambert v. Blodgett, 393…