Thomas West v. Charles Ryan
Opinion
Opinion
ORDER
Thomas Paul West applies to this court for authorization to file a second or successive petition for a writ of habeas corpus in the District of Arizona. See 28 U.S.C. § 2244 (b)(3). We deny his application.
BACKGROUND
West was convicted of first-degree felony murder, second degree burglary, and theft in March 1988. In our opinion denying his first federal habeas petition, we set out the facts surrounding the murder and trial:
West v. Ryan, 608 F.3d 477, 480 (9th Cir.2010). We also set out the facts surrounding West’s sentencing. Because West challenges his sentence, rather than his conviction, those facts are important here as well:
Id. at 481-82 .
West’s conviction was affirmed on direct review by the Arizona Supreme Court on September 30, 1993. State v. West, 176 Ariz. 432 , 862 P.2d 192 (1993). The Supreme Court denied certiorari on April 25, 1994. West v. Arizona, 511 U.S. 1063 , 114 S.Ct. 1635 , 128 L.Ed.2d 358 (1994). On March 26,1996, West filed his first petition for post-conviction relief in state court, raising numerous claims including ineffective assistance of counsel for not presenting sufficient mitigation evidence at sentencing. The superior court denied…