ETHAN WINDOM V. RANDY BLADES, No. 14-35746 (9th Cir. 2016)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUN 22 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ETHAN WINDOM, No. 14-35746 Petitioner - Appellant, D.C. No. 1:12-cv-00468-EJL v. MEMORANDUM* RANDY BLADES, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding Argued and Submitted June 8, 2016 Seattle, Washington Before: PAEZ, BYBEE, and CHRISTEN, Circuit Judges. Ethan Windom appeals the district court’s denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254. In his petition, Windom asserted that the Idaho trial court’s imposition of a sentence of life without parole violated the Eighth Amendment. After the district court denied Windom’s petition, the Supreme Court * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. issued its decision in Montgomery v. Louisiana, 136 S. Ct. 718, 736 (2016), which held that the Court’s decision in Miller v. Alabama, 132 S. Ct. 2455 (2012), applied retroactively. Because the district court did not have the benefit of the Court’s opinion in Montgomery when it ruled on Windom’s petition, we vacate the district court’s judgment and remand for further consideration in light of Montgomery. Upon remand, Windom may file a motion with the district court to stay his federal habeas petition pending the Idaho Supreme Court’s decision on his state habeas petition. VACATED and REMANDED. 2
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