Tonatihu Aguilar v. Charles Ryan

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 19 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TONATIHU AGUILAR, No. 17-16013

Petitioner-Appellant, D.C. No. 2:14-cv-02513-DJH

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 Diane J. Humetewa, District Judge, Presiding

Argued and Submitted February 6, 2019 Submission Vacated March 19, 2019 Resubmitted August 12, 2022 Phoenix, Arizona

Before: HAWKINS, M. SMITH, and HURWITZ, Circuit Judges.

Tonatihu Aguilar was convicted of two first-degree murders in Arizona state

court. Aguilar was sixteen at the time of each crime. For the first conviction, Aguilar

was sentenced to life without the possibility of parole (“LWOP”), and for the second,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. he was resentenced to LWOP after his death sentence was vacated in light of Roper

v. Simmons, 543 U.S. 551…