GONZALEZ v. SHERMAN

No. 14-56855.

873 F.3d 763 (2017)

Uriel GONZALEZ, Petitioner-Appellant, v. Stuart SHERMAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2017.


Attorney(s) appearing for the Case

Vivian Fu (argued), San Francisco, California, for Petitioner-Appellant.

Stephanie C. Brenan (argued) and Kenneth C. Byrne , Supervising Deputy Attorneys General; Lance E. Winters , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Before: Stephen Reinhardt and Alex Kozinski, Circuit Judges, and Terrence Berg, District Judge.


OPINION

Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), a state prisoner is ordinarily prohibited from filing more than one federal petition for writ of habeas corpus challenging his conviction or sentence. 28 U.S.C. § 2244(b). We have previously held, however, that when a state...

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