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Name: In re Manuel Alvarez
Case #: F063995
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/10/2013

Petitioner was properly transferred to SHU as a gang member where at least one of the source items used to prove gang affiliation showed gang activity within the past six years. Petitioner Alvarez was an inmate serving a determinate term in CDCR when he was validated as a member of a prison gang and housed in the SHU. In this habeas petition, he argued that CDCR violated regulatory provisions when it validated him as a currently active associate of a prison gang because one of the three source items used was more than six years old. Petitioner argued that all three source items must be based on gang involvement which occurs within six years. The appellate court denied the petition for habeas corpus. The regulatory structure requires three independent source items, without any time restrictions for them unless they are photographs. A prisoner may be housed in the SHU for gang affiliation if that affiliation is currently active, demonstrated by at least one of the three source items showing documented gang activity within six years.