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MOORE v. BITER

No. 11-56846.

725 F.3d 1184 (2013)

Roosevelt Brian MOORE, Petitioner-Appellant, v. M.D. BITER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2013.

Attorney(s) appearing for the Case

Patricia A. Young (argued), Deputy Federal Public Defender; Sean K. Kennedy , Federal Public Defender, Los Angeles, CA, for Petitioner-Appellant.

Mary Sanchez (argued), Deputy Attorney General; Kenneth C. Byrne , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Dane R. Gillette , Chief Assistant Attorney General; Kamala D. Harris , Attorney General of California, Los Angeles, CA, for Respondent-Appellee.

Before: HARRY PREGERSON, WILLIAM A. FLETCHER, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

In Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), the United States Supreme Court clearly established that the Eighth Amendment prohibits the punishment of life without parole for juvenile nonhomicide offenders. As compared to adults, juvenile nonhomicide offenders are still developing their characters, have diminished moral culpability, and possess greater...

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