Kyle Rodney v. Tim Garrett

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KYLE J. RODNEY, No. 23-15624

Petitioner-Appellant, D.C. No. 3:13-cv-00323- v. RCJ-VPC

TIM GARRETT, Warden;

ATTORNEY GENERAL FOR THE OPINION

STATE OF NEVADA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding

Argued and Submitted June 24, 2024 San Francisco, California

Filed September 6, 2024

Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and Rosemary Márquez, * District Judge.

Opinion by Judge Márquez

* The Honorable Rosemary Márquez, United States District Judge for the District of Arizona, sitting by designation. SUMMARY **

Habeas Corpus

The panel affirmed the district court’s judgment on remand denying Kyle J. Rodney’s 28 U.S.C. § 2254 habeas corpus petition challenging his Nevada conviction and sentence for burglary while in possession of a deadly weapon, conspiracy to commit murder, robbery with use of a deadly weapon, conspiracy to commit…