Daniels v. U.S. Dist. Court for Cent. Dist. of California

76 F.3d 385 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jackson Chambers DANIELS, Jr., Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent. Arthur CALDERON, Warden, San Quentin State Prison; the Attorney General of the State of California, Real Parties in Interest. No. 94-70295. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1994. Opinion Filed July 18, 1995. Opinion Withdrawn Dec. 28, 1995. Decided Dec. 29, 1995. Before: FERGUSON, NORRIS, and TROTT, Circuit Judges. ORDER 1 The petition for writ of mandamus is GRANTED. 2 The district court clearly erred in interpreting and applying 21 U.S.C. § 848 (q)(9) on the basis of a faulty legal premise: that the death sentence is not "different in kind from any other punishment imposed under our system of criminal justice." Gregg v. Georgia, 428 U.S. 153, 188 (1976) (plurality opinion), see also Lewis v. Jeffers, 497 U.S. 764, 774 (1990) (acknowledging…