Cedric Rue, Jr. v. Juli Roberts

NOT FOR PUBLICATION FILED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

CEDRIC JOSEPH RUE, Jr., No. 17-17290

Petitioner-Appellant, D.C. No. 2:15-cv-02669-PGR

v.

MEMORANDUM*

JULI ROBERTS, Warden,

Respondent-Appellee.

Appeal from the United States District Court for the District of Arizona Paul G. Rosenblatt, 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.

Cedric Rue was convicted in Arizona state court of various crimes, including

first-degree murder. Rue, who was sixteen at the time of the crimes, was sentenced

to life without the possibility of parole (“LWOP”) for the murder. Rue

unsuccessfully sought post-conviction relief in state court, arguing that his sentence

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. violated the Eighth Amendment prohibition against cruel and unusual…