Richard Montiel v. Kevin Chappell

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 5 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD GALVAN MONTIEL, No. 15-99000

Petitioner-Appellant, D.C. No. 1:96-cv-05412-LJO-SAB v.

KEVIN CHAPPELL, Warden, San Quentin MEMORANDUM* State Prison,

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of California Lawrence J. O'Neill, District Judge, Presiding

Argued and Submitted April 16, 2021 San Francisco, California

Before: W. FLETCHER, HURWITZ, and FRIEDLAND, Circuit Judges.

Richard Galvan Montiel appeals from the district court’s denial of his

application for a writ of habeas corpus, in which Montiel challenges his

convictions and capital sentence for the 1979 robbery and murder of Gregorio

Ante. In his habeas application, Montiel argues that he received ineffective

assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), at both

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. his 1979…