Stokes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID LEON STOKES, II,  No. 04-16454 Petitioner-Appellant, v.  D.C. No.

CV-03-01537-NVW

DORA B. SCHRIRO, Director,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding

Argued and Submitted October 18, 2005—San Francisco, California

Filed October 6, 2006

Before: Dorothy W. Nelson, Johnnie B. Rawlinson, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Rawlinson

17433 STOKES v. SCHRIRO 17435

COUNSEL

Jon M. Sands, Federal Public Defender, and Jennifer Y. Gar- cia, Assistant Federal Public Defender, Tucson, Arizona, for appellant David Leon Stokes, II. 17436 STOKES v. SCHRIRO Terry Goddard, Arizona Attorney General, Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Cari McConeghy-Harris, Assistant Attorney General, Criminal Appeals Section, Phoenix, Arizona, for appellee Dora B. Schriro.

OPINION

RAWLINSON, Circuit Judge:

A jury found David Leon Stokes, II (Stokes) guilty of attempted kidnapping and attempted robbery in…