Calvin Silva v. Robert Houston, No. 08-1302 (8th Cir. 2008)
Annotate this CaseCourt Description: Prisoner case - habeas. Grant of habeas relief and order for immediate release affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-1302 ___________ Calvin Silva, * * Petitioner-Appellee, * * Appeal from the United States v. * District Court for the District * of Nebraska. Robert Houston, * * [UNPUBLISHED] Respondent-Appellant. * ___________ Submitted: September 25, 2008 Filed: November 21, 2008 ___________ Before BYE, BEAM, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Robert Houston, Director of the Nebraska Department of Correctional Services, appeals the district court s1 decision to grant Calvin Silva s Petition for a Writ of Habeas Corpus under 28 U.S.C. ยง 2254 and to order Silva s immediate release. Reviewing the district court s conclusions of law de novo and its factual findings for clear error, Randolph v. Kenna, 276 F.3d 401, 403 (8th Cir. 2002) (standard of review), we affirm, see 8th Cir. R. 47B. ______________________________ 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.
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