Reyes
Reyes v. Craven
Opinion
Lead Opinion
MEMORANDUM *
Rosario Reyes, an Idaho state prisoner, appeals the judgment of the district court, dismissing his petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 , for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we reverse. The district court’s dismissal of a habeas petition for failure to exhaust is reviewed de novo. Kou Lo Vang v. Nev., 329 F.3d 1069, 1072 (9th Cir.2003).
BACKGROUND
On May 10, 1995, Reyes pled guilty to two counts of conspiracy to deliver cocaine and one count of conspiracy to deliver methamphetamine in violation of Idaho state law. On July 25, 1995, Reyes was sentenced to imprisonment for a period of five years minimum, with a subsequent indeterminate period not to exceed five years. Reyes also was ordered to pay restitution of $9,723.32.
On January 26, 1999, a parole officer recommended a tentative parole date of September 13, 1999. On June 8, 1999, the Idaho Commission of Pardons and Parole (“Commission”) denied Reyes parole. According to the denial form, Commissioner Newcomb was concerned that Reyes never paid income taxes on the $300,000 he could have earned from the illegal…