Richard Napoleon Brown v. D.A. Mayle Attorney General of the State of California, Earnest Bray, Jr. v. Eddie Ylst, Interim Warden Attorney General of the State of California Daniel E. Lundgren

283 F.3d 1019 Richard Napoleon BROWN, Petitioner-Appellant, v. D.A. MAYLE; Attorney General of the State of California, Respondents-Appellees. Earnest Bray, Jr., Petitioner-Appellant, v. Eddie Ylst, interim Warden; Attorney General of the State of California; Daniel E. Lundgren, Respondents-Appellees. No. 99-17261. No. 99-56197. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 12, 2001. Filed February 7, 2002. Erwin Chemerinsky, Los Angeles, CA, for the appellants. Brian R. Means and Stephanie A. Miyoshi, State of California Department of Justice, for the appellees. Appeal from the United States District Court for the Eastern District of California; William B. Shubb, District Judge, Presiding. D.C. No. CV-99-00241-WBS. Appeal from the United States District Court for the Central District of California; Manuel L. Real, Chief Judge, Presiding. D.C. No. CV-98-04672-R-BQR. Before: REINHARDT, TASHIMA and BERZON, Circuit Judges. BERZON, Circuit Judge. 1 Earnest Bray, Jr. and Richard Napoleon Brown were each convicted of petty theft, Bray for attempting to steal three videotapes and Brown for attempting to steal a steering wheel alarm. Because of prior…