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Case5:04-cv-02858-EJD Document76 Filed06/27/11 Page1 of 3

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

RICK J. WILSON,

Petitioner,

v.
MIKE KNOWLES, Warden,

/

Respondent.

NO. 5:04-cv-02858 EJD
ORDER GRANTING PETITION FOR
WRIT OF HABEAS CORPUS AND
VACATING SENTENCE; FINDING
MOOT PETITIONER’S MOTION FOR
IMMEDIATE RELEASE
[Docket Item Nos. 67, 69]

Presently before the Court are two matters: (1) Petitioner Rick J. Wilson’s Petition for Writ
of Habeas Corpus (the “Writ”), and (2) Petitioner’s Motion for Immediate Release (the “Motion”).
The court granted Petitioner’s request to shorten time for a hearing on the Motion and directed
Respondent to file a responsive pleading by June 28, 2010. (Docket Item No. 71). Respondent did
so on June 24, 2011. (Docket Item No. 72). Having reviewed the written submissions of both
parties, the court finds this matter appropriate for decision without oral argument pursuant to Civil
Local Rule 7-1(b). As such, the hearing scheduled for June 30, 2011, is vacated.1 Pursuant to the
Order which follows, Petitioner’s unopposed Writ is granted and the Motion is denied as moot.2

1 In the absence of a hearing, counsels’ requests to appear by telephone are moot. (Docket

Item Nos. 73, 74).

2 This disposition is not intended for publication in the official reports.

Case No. 5:04-cv-02858
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND VACATING SENTENCE; FINDING
MOOT PETITIONER’S MOTION FOR IMMEDIATE RELEASE (EJDLC1)

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Case5:04-cv-02858-EJD Document76 Filed06/27/11 Page2 of 3

ORDER

1.

Pursuant to Wilson v. Knowles, 638 F.3d 1213 (9th Cir. 2011), on remand from

appeal, IT IS HEREBY ORDERED that Petitioner’s Rick J. Wilson’s Petition for Writ of Habeas
Corpus is GRANTED and the requested writ shall therefore issue.

IT IS FURTHER ORDERED that Petitioner’s sentence is VACATED and his case is

REMANDED to the Superior Court of California for the County of Santa Clara for re-sentencing
within 45 days of this order in a manner consistent with the views stated in Wilson v. Knowles, 638
F.3d 1213 (9th Cir. 2011). Petitioner shall make an initial appearance on Wednesday, July 6, 2011,
at 1:30 p.m. in Department 24 of the Superior Court.

2.

Having issued the Writ, the Court finds moot Petitioner’s Motion for Immediate

Release and accordingly DENIES the relief requested therein.
IT IS SO ORDERED.

Dated: June 27, 2011


EDWARD J. DAVILA
United States District Judge

Case No. 5:04-cv-02858
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND VACATING SENTENCE; FINDING
MOOT PETITIONER’S MOTION FOR IMMEDIATE RELEASE (EJDLC1)

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Case5:04-cv-02858-EJD Document76 Filed06/27/11 Page3 of 3

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:
John Paul Balazs [email protected]
Peggy S. Ruffra [email protected]
Nancy Hsiao-Hui Tung [email protected]
Dated: June 27, 2011

Richard W. Wieking, Clerk

By: /s/ EJD Chambers

Elizabeth Garcia
Courtroom Deputy

Case No. 5:04-cv-02858
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND VACATING SENTENCE; FINDING
MOOT PETITIONER’S MOTION FOR IMMEDIATE RELEASE (EJDLC1)

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