Ted Amparan v. M. Spearman

FILED

NOT FOR PUBLICATION

APR 22 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TED AMPARAN, No. 20-55711

Petitioner-Appellant, D.C. No. 3:18-cv-02522-BTM-WVG v.

M. ELIOT SPEARMAN, Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Southern District of California Barry Ted Moskowitz, District Judge, Presiding

Submitted April 6, 2022** Pasadena, California

Before: SCHROEDER and GRABER, Circuit Judges, and McNAMEE,*** District Judge.

* 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 Stephen M. McNamee, United States District Judge for the District of Arizona, sitting by designation. Petitioner Ted Amparan appeals the district court’s denial of his petition for

writ of habeas corpus under the Antiterrorism and Effective Death Penalty Act,

U.S.C. § 2254. Reviewing de…