Manuel Melendez v. Dwight Neven

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 13 2024

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

MANUEL MELENDEZ, No. 21-17135 Petitioner-Appellant, D.C. No. 2:15-cv-02076-JAD-VCF v.

MEMORANDUM*

DWIGHT NEVEN, Warden; ATTORNEY

GENERAL FOR THE STATE OF

NEVADA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding Argued and Submitted March 6, 2024 Las Vegas, Nevada

Before: M. SMITH, BENNETT, and COLLINS, Circuit Judges.

In 2010, Petitioner Manuel Melendez was convicted in Nevada state court of

six counts of lewdness with a child under the age of 14 in violation of Nev. Rev.

Stat. § 201.230. After one of those convictions was reversed on appeal, Melendez

was resentenced on the remaining counts to five concurrent life sentences, with

eligibility for parole after 10 years. After unsuccessfully seeking state post-

conviction relief, Melendez sought federal habeas corpus relief. All relief was

* This disposition is not appropriate for…