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ATWOOD v. SHINN

No. 22-70084.

36 F.4th 834 (2022)

Frank Jarvis ATWOOD, Petitioner, v. David SHINN, Director, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2022.

Attorney(s) appearing for the Case

Amy P. Knight (argued), Knight Law Firm PC, Tucson, Arizona; Joseph J. Perkovich , Phillips Black Inc., New York, New York; for Applicant.

Laura P. Chiasson (argued), Assistant Attorney General; Jeffrey L. Sparks , Acting Chief Counsel, Capital Litigation Section; Office of the Attorney General, Tucson, Arizona; for Respondent.

Before: M. Margaret McKeown, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.

OPINION

Per Curiam

On May 4, 2022, Petitioner Frank Jarvis Atwood filed a motion for an order authorizing the district court to consider a second or successive habeas petition as required by 28 U.S.C. § 2244(b)(3)(A). Atwood seeks leave to file a habeas petition raising three claims: (1) the use of his 1975 California conviction for lewd and lascivious conduct with a child under the age of fourteen years as an aggravating circumstance to qualify...

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