Tyree Coutee v. JAMES WALKER, Warden

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Henry E. Hudson, District Judge for the U.S. District**
Court for Eastern Virginia, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TYREE COUTEE,
Petitioner - Appellee,
v.
JAMES WALKER, Warden,
Respondent - Appellant.
No. 10-55138
D.C. No. 5:08-cv-00692-CAS-RZ
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Argued and Submitted November 10, 2011
Pasadena, California
Before: SCHROEDER and REINHARDT, Circuit Judges, and HUDSON, District
Judge.**
Warden J. Walker appeals the district court’s grant of Tyree Coutee’s petition for a
writ of habeas corpus. Coutee argued that there was insufficient evidence to
FILED
NOV 17 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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support the true finding on a gang enhancement related to his 2006 conviction. The
district court issued its opinion prior to the California Supreme Court decision in
People v. Albillar, 244 P.3d 1062 (Cal. 2010), which modified the interpretation of
Cal. Penal Code §186.22(b)(1) previously applied by this court. We hold that the
district court, in reliance on these prior opinions, erred in finding that there was
insufficient evidence to uphold the enhancement. We hold that the determination
by the California Court of Appeal that there was sufficient evidence supporting the
enhancement as defined by the California courts was not an objectively
unreasonable application of the requirements of Jackson v. Virginia, 443 U.S. 307
(1979).
REVERSED and REMANDED.

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