Pedro Duarte v. Brian Williams

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 10 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PEDRO R. DUARTE, No. 19-17207

Petitioner-Appellant, D.C. No. 2:12-cv-01305-JAD-EJY v.

BRIAN WILLIAMS, Warden; ATTORNEY

GENERAL FOR THE STATE OF MEMORANDUM*

NEVADA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding

Argued and Submitted July 30, 2021 San Francisco, California

Before: McKEOWN and NGUYEN, Circuit Judges, and LAMBERTH,** District Judge.

In 2003, Pedro Duarte was convicted in Nevada state court of attempted

murder. His case stems from an attempted robbery and the subsequent shootout.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Royce C. Lamberth, United States District Judge for the District of Columbia, sitting by designation.

1 The State’s theory at trial was that Duarte was the getaway driver for robber-gunmen

Jose Vigoa…