Marvin Mosby v. Perry Russell

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARVIN MOSBY, No. 20-16894

Petitioner-Appellant, D.C. No. 3:14-cv-00251-MMD-WGC v.

PERRY RUSSELL, Warden; ATTORNEY MEMORANDUM*

GENERAL,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Submitted May 11, 2022** Pasadena, California

Before: IKUTA, NGUYEN, and OWENS, Circuit Judges.

Marvin Mosby was sentenced to life in prison without the possibility of

parole under Nevada’s three-strikes law, following his 2011 conviction for larceny.

See Nevada Revised Statutes sections 205.270, 207.010(1)(b)(1). He now appeals

* 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). from the district court’s order dismissing his 28 U.S.C. § 2254 petition for a writ…