JUAN CASTILLO V. ROBERT LEGRAND, No. 13-72199 (9th Cir. 2015)

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FILED FEB 23 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN M. CASTILLO, No. 13-72199 Petitioner, ORDER* v. ROBERT LEGRAND, Warden, Respondent. Application to File Second or Successive Petition Under 28 U.S.C. §2254 Argued May 14, 2014 Submitted February 18, 2015 San Francisco California Before: SILVERMAN and GOULD, Circuit Judges and LEMELLE,** District Judge. Submission of this case was previously withdrawn. It is now RESUBMITTED FOR DECISION as of February 18, 2015. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Ivan L.R. Lemelle, District Judge for the U.S. District Court for the Eastern District of Louisiana, sitting by designation. Petitioner Castillo’s application for leave to file a second or successive 28 U.S.C. § 2254 habeas petition in district court to allege that Miller v. Alabama, 132 S. Ct. 2455 (2012), is retroactive and applies to his sentence is GRANTED.

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