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ORTIZ v. U.S.

No. 08-1749.

664 F.3d 1151 (2011)

Arboleda A. ORTIZ, Movant-Appellant, v. UNITED STATES of America, Respondent-Appellee. Republic of Colombia; American Association on Intellectual and Developmental Disabilities and the ARC of the United States; Concerned Experts in Mental Retardation/Intellectual Disability, Amici on behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 19, 2011.

Attorney(s) appearing for the Case

Billy Nolas , Amy Gershenfeld Donnella , Fed. Community Defender Office for the Eastern Dist. of Pennsylvania, Philadelphia, PA, argued ( Kent E. Gipson , Law Office of Kent Gipson, LLC, Kansas City, MO, Jay D. DeHardt , McQuain, DeHardt & Rosenbloom, PC, Kansas City, MO, on the brief), for appellant.

Jane J. Jaang , Sullivan & Cromwell LLC, New York, NY, argued ( Garrard R. Beeney , James R. Dillon , Theodore A.B. McCombs , David M. Sollors , on the brief), for the Republic of Columbia as amicus curiae in support of appellant.

James W. Ellis , Prof. of Law, U. of New Mexico School of Law, Albuquerque, NM, Harry Simon , Asst. Fed. Public Defender, Sacramento, CA, for the American Assn. on Intellectual and Developmental Disabilities and the ARC of the United States as amicus curiae in support of appellant.

Lajuana M. Counts , Jeffrey E. Valenti , Asst. U.S. Attys., Kansas City, MO, argued ( Beth Phillips , U.S. Atty., on the brief), for appellee.

Before RILEY, Chief Judge, BENTON and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

Arboleda A. Ortiz, a federal prisoner awaiting execution on two death sentences, appeals the district court's denial of his petition to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. On appeal, we review Ortiz's claims that (1) he is mentally retarded and therefore ineligible for execution under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (Atkins

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