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JESSUP v. SHINN

No. 18-16820.

31 F.4th 1262 (2022)

Michael Paul JESSUP, Petitioner-Appellee, v. David SHINN, Director; Attorney General for the State of Arizona, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2022.

Attorney(s) appearing for the Case

Eliza C. Ybarra (argued), Assistant Attorney General, Criminal Appeals Section; J.D. Nielsen , Habeas Unit Chief; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondents-Appellants.

Keith J. Hilzendeger (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Petitioner-Appellee.

Before: Mary H. Murguia, Chief Judge, Susan P. Graber, Circuit Judge, and Sidney A. Fitzwater, District Judge.

OPINION

Petitioner Michael Paul Jessup was 17 years old when he kidnapped, robbed, and murdered a man in Arizona in 1998. The next year, he pleaded guilty to first-degree murder in Arizona state court. The sentencing judge held an individualized sentencing hearing. The judge exercised his discretion to impose a sentence...

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