Daniel F. Marzano v. Kenneth Ducharme

85 F.3d 637 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel F. MARZANO, Petitioner-Appellant, v. Kenneth DUCHARME, Respondent-Appellee. No. 95-35729. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1996. Decided May 13, 1996. 1 Before: FLETCHER, NOONAN, AND RYMER, Circuit Judges 2 MEMORANDUM * STATEMENT OF FACTS AND PROCEEDINGS BELOW 3 Daniel Marzano pled guilty to one count of Aggravated First Degree Murder and one count of First Degree Murder in 1980 for the murder of two 18-year-old boys. The trial court sentenced Marzano to one life sentence without the possibility of parole and one life sentence with the possibility of parole, with the sentences to be served consecutively. In 1990, this court held that Marzano's life sentence without parole was illegal because there was "no statutory authority" in the State of Washington to impose such a sentence when a defendant pled guilty. Marzano v. Kincheloe, 915 F.2d 549, 552 (9th Cir.1990).…