Coleman

MEMORANDUM **

Melvyn Coleman (“Coleman”) is a California state prisoner serving a sentence of seven years to life following his 1974 conviction on charges of first degree murder, attempted murder, first degree robbery, possession of a firearm by a felon, and a determination that he was armed with a deadly weapon when he committed the offenses.

According to the Findings and Recommendations adopted by the district court, on May 23, 1973, Coleman shot a man and his wife after robbing their home. The victims, Mr. and Mrs. Siewart, returned home while Coleman was burglarizing it. Coleman approached them before they got out of their car. He then robbed and shot both of them, killing Mr. Siewart and seriously wounding Mrs. Siewart. Coleman had a prior juvenile record.

In 1997, Coleman filed a petition for writ of habeas corpus alleging that the California Board of Prison Terms (“Board”) unconstitutionally rejected his application for parole during his 1995 parole hearing. In May 2005, the district court granted Coleman’s habeas corpus petition because it found that the Board failed to consider his suitability for parole in a fair manner in 1995. As a remedy, the district court…