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MUNOZ v. SMITH

No. 20-16327.

17 F.4th 1237 (2021)

Peter J. MUNOZ, Jr., Petitioner-Appellant, v. Gregory SMITH, Warden; Attorney General for the State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2021.

Attorney(s) appearing for the Case

Heather Fraley (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Petitioner-Appellant.

Katrina A. Samuels (argued), Deputy Attorney General; Aaron D. Ford , Attorney General; Office of Nevada Attorney General, Las Vegas, Nevada; for Respondents-Appellees.

Before: DANIEL A. BRESS and PATRICK J. BUMATAY, Circuit Judges, and DOUGLAS L. RAYES, District Judge.

OPINION

A person may seek federal habeas relief if he is "in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a). Under many state regimes, convicted sex offenders who are released...

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