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CASTELLANOS v. SMALL

No. 12-55783.

766 F.3d 1137 (2014)

Anthony CASTELLANOS, Petitioner-Appellant, v. Larry SMALL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2014.

Attorney(s) appearing for the Case

Gia Kim (argued), Deputy Federal Public Defender; Sean K. Kennedy , Federal Public Defender, Los Angeles, California, for Petitioner-Appellant.

Scott Taryle (argued), Supervising Deputy Attorney General; Timothy M. Weiner and Stephanie C. Brenan , Deputy Attorneys General; Lance E. Winters , Senior Assistant Attorney General; Dane R. Gillette , Chief Assistant Attorney General; Kamala D. Harris , Attorney General, Los Angeles, California, for Defendant-Appellee.

Before: STEPHEN REINHARDT, JOHN T. NOONAN, and MARY H. MURGUIA, Circuit Judges.

OPINION

MURGUIA, Circuit Judge:

Petitioner Anthony Castellanos was convicted in California state court of murder, assault with a firearm, and street gang solicitation. On direct appeal, the California Court of Appeal affirmed Castellanos's convictions, concluding that the prosecution had not engaged in purposeful discrimination in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), when...

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