Erik Le v. M. Spearman

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 25 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERIK HUNG LE, No. 18-56434

Petitioner-Appellant, D.C. No. 3:16-cv-02302-WQH-RNB v.

M. E. SPEARMAN, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Submitted October 20, 2021** Pasadena, California

Before: CALLAHAN and FORREST, Circuit Judges, and AMON,*** District Judge.

In February 2010, a jury convicted Petitioner-Appellant Erik Le of murder,

attempted premeditated murder, discharging a firearm from a car, and assault with

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Carol Bagley Amon, United States District Judge for the Eastern District of New York, sitting by designation. a…