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MILES v. RYAN

No. 10-99016.

713 F.3d 477 (2012)

Kevin Artice MILES, Petitioner-Appellant, v. Charles L. RYAN, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2012.

Amended March 25, 2013.

Attorney(s) appearing for the Case

Sean Bruner , Law Office of Sean Bruner, Ltd., and Timothy M. Gabrielsen , Assistant Federal Public Defender, Tucson, AZ, for Petitioner-Appellant.

Jonathan Bass , Assistant Attorney General, Criminal Appeals/Capital Litigation Section, Tucson, AZ, for Respondent-Appellee.

Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge BERZON.

ORDER

The opinion filed on August 27, 2012, slip op. 9797, and appearing at 691 F.3d 1127, is amended as follows:

On slip opinion page 9827 [691 F.3d at 1144], replace lines 6 through 15 with the following:

Even though Petitioner has now uncovered, during federal habeas proceedings, some new information that was not presented to the state courts during post-conviction review, that evidence is insufficient to demonstrate...

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