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NOT FOR PUBLICATION FEB 23 2015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Submission of this case was previously withdrawn.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.