Kennard Johnson v. Domingo Uribe, Jr.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KENNARD GERALD JOHNSON , No. 11-55187 Petitioner - Appellant, D.C. No. v. 10-CV-00164-GW

DOMINGO URIBE , ORDER

Defendant - Appellee.

Filed November 5, 2012

Before: Andrew J. Kleinfeld and Milan D. Smith, Jr., Circuit Judges, and Algenon L. Marbley, District Judge.*

Order; Dissent by Chief Judge Kozinski; Dissent by Judge Bea

* The Honorable Algenon L. Marbley, United States District Judge for the Southern District of Ohio, sitting by designation. JOHNSON V . URIBE

SUMMARY**

Habeas Corpus

The panel amended its opinion filed on June 22, 2012 by adding a footnote, and denied a petition for rehearing and for rehearing en banc.

In the original opinion, the panel affirmed the district court’s grant of a 28 U.S.C. § 2254 habeas corpus petition due to ineffective assistance of counsel for failure to properly advise petitioner that he was pleading guilty to an unlawful sentence, but vacated the remedy. The panel held that petitioner was entitled to be returned to the position he would have been in if the…