Richard Rojas v. Charles Ryan

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 21 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD ROJAS, No. 18-15692

Petitioner-Appellant, D.C. No. 2:15-cv-00933-JJT

v.

MEMORANDUM*

CHARLES L. RYAN; ATTORNEY

GENERAL FOR THE STATE OF

ARIZONA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Arizona John Joseph Tuchi, District Judge, Presiding

Argued and Submitted February 9, 2022 Phoenix, Arizona

Before: MURGUIA, Chief Judge, GRABER, Circuit Judge, and FITZWATER,** District Judge.

Petitioner Richard Rojas timely appeals the district court’s denial of habeas

relief. Petitioner asserts that his 2001 sentencing hearing violated the Supreme

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. Court’s decision in Miller v. Alabama, 567 U.S. 460 (2012), and he argues that the

Arizona state court erred…