Edwardo Olguin v. Brian Kibler

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 21 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDWARDO VINCENT OLGUIN, No. 21-16953

Petitioner-Appellant, D.C. No. 2:21-cv-00368-JAM-EFB v.

BRIAN KIBLER, Warden, HDSP, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted February 15, 2024 San Francisco, California

Before: MILLER, BADE, and VANDYKE, Circuit Judges.

In 2017, following a jury trial in California state court, Edwardo Olguin was

convicted on eight counts of committing a lewd or lascivious act on a child in

violation of California Penal Code § 288. He was sentenced to an indeterminate

prison term of 100 years to life, plus a consecutive term of 22 years and 8 months.

The California Court of Appeal remanded for the narrow purpose of allowing the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. trial court to exercise…