22:I[98912,["/_next/static/chunks/0asocxi83kb~5.js","/_next/static/chunks/0n4z.7yu76je-.js","/_next/static/chunks/0eyt_ou8dj52g.js","/_next/static/chunks/01bcia3bjqt9z.js","/_next/static/chunks/15egrlmmf_yst.js"],"CaseDetailGate"] 23:T46d,MEMORANDUM Ethan Windom appeals the district court’s denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254 . In his petition, Windom asserted that the Idaho trial court’s imposition of a sentence of life without parole violated the Eighth Amendment. After the district court denied Win dom’s petition, the Supreme Court issued its decision in Montgomery v. Louisiana, — U.S. -, 136 S.Ct. 718, 736 , 193 L.Ed.2d 599 (2016), which held- that the Court’s decision in Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), applied retroactively. Because the district court did not have the benefit of the Court’s opinion in Montgomery when it ruled on Windom’s petition, we vacate the district court’s judgment and remand for further consideration in light of Montgomery . Upon remand, Windom may file a motion with the district court to stay his federal habeas petition pending the Idaho Supreme Court’s decision on his state ha-beas petition. VACATED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.24:T49a,

MEMORANDUM

Ethan Windom appeals the district court’s denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254 . In his petition, Windom asserted that the Idaho trial court’s imposition of a sentence of life without parole violated the Eighth Amendment. After the district court denied Win dom’s petition, the Supreme Court issued its decision in Montgomery v. Louisiana, — U.S. -, 136 S.Ct. 718, 736 , 193 L.Ed.2d 599 (2016), which held- that the Court’s decision in Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), applied retroactively. Because the district court did not have the benefit of the Court’s opinion in Montgomery when it ruled on Windom’s petition, we vacate the district court’s judgment and remand for further consideration in light of Montgomery .

Upon remand, Windom may file a motion with the district court to stay his federal habeas petition pending the Idaho Supreme Court’s decision on his state ha-beas petition.

VACATED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.