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Judge Harry Pregerson, a stalwart of the 9th Circuit's liberal wing, is defying U.S. Supreme Court precedent in some of California's three strikes cases. Pregerson has dissented from unpublished affirmances in several appeals of three strikes sentences for non-violent third offenses. Since judges are not normally free to ignore Supreme Court rulings, Pregerson's stare-down with stare decisis is remarkable.
May 30, 2003 at 12:00 AM
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