Juan Castillo v. Robert Legrand

FILED NOT FOR PUBLICATION FEB 23 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN M. CASTILLO, No. 13-72199 Petitioner, v. ORDER* ROBERT LEGRAND, Warden, Respondent. Application to File Second or Successive Petition Under 28 U.S.C. §2254 Argued May 14, 2014 Submitted February 18, 2015 San Francisco California Before: SILVERMAN and GOULD, Circuit Judges and LEMELLE,** District Judge. Submission of this case was previously withdrawn. It is now RE- SUBMITTED FOR DECISION as of February 18, 2015. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Ivan L.R. Lemelle, District Judge for the U.S. District Court for the Eastern District of Louisiana, sitting by designation. Petitioner Castillo’s application for leave to file a second or successive 28 U.S.C. § 2254 habeas petition in district court to allege that Miller v. Alabama, 132 S. Ct. 2455 (2012), is retroactive and applies to his sentence is GRANTED.