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LOPEZ v. RYAN

No. 08-99021.

630 F.3d 1198 (2011)

Samuel Villegas LOPEZ, Petitioner-Appellant, v. Charles L. RYAN, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2011.

Attorney(s) appearing for the Case

Kelley J. Henry , Assistant Federal Public Defender, Capital Habeas Unit, Nashville, TN, Denise Irene Young, Tucson, AZ, for the petitioner-appellant.

Susanne Bartlett Blomo , Assistant Attorney General, and Kent Ernest Cattani , Chief Counsel, Capital Litigation Section, Arizona Attorney General's Office, Phoenix, AZ, for the respondent-appellee.

Before: SUSAN P. GRABER, M. MARGARET McKEOWN, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

We consider here a challenge to the denial of habeas relief from a death sentence. Samuel Villegas Lopez, an Arizona state prisoner, appeals the district court's denial of his petition for a writ of habeas corpus challenging his capital sentence for first-degree murder. Lopez argues that, in violation of his Eighth and Fourteenth Amendment rights, he was denied an individualized sentencing determination because of then-binding...

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