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JAMES v. RYAN

No. 08-99016.

733 F.3d 911 (2013)

Steven Craig JAMES, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 25, 2013.

Attorney(s) appearing for the Case

Gary T. Lowenthal (argued), Santa Fe, New Mexico; Thomas James Phalen , Phoenix, Arizona, for Petitioner-Appellant.

Kent Ernest Cattani (argued), Chief Counsel, Arizona Attorney General's Office, Phoenix, Arizona; Amy Pignatella Cain and Lacey Stover Gard , Office of the Arizona Attorney General's Office, Tucson, Arizona, for Respondent-Appellee.

Before: WILLIAM A. FLETCHER, MARSHA S. BERZON, and MILAN D. SMITH, JR., Circuit Judges.

OPINION ON REMAND

W. FLETCHER, Circuit Judge:

In James v. Ryan (James II), 679 F.3d 780 (9th Cir.2012), we granted Steven James habeas corpus relief from his death sentence, holding that his trial counsel had provided ineffective assistance at the penalty phase. The United States Supreme Court vacated that decision and remanded for us to consider whether Johnson v. Williams, ___ U.S. ___,

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