Gerald Ross Pizzuto, Jr. v. A.J. Arave, Warden
Opinion
Opinion
ORDER
We filed an opinion in this case on February 6, 2002, Pizzuto v. Arave, 280 F.3d 949 (9th Cir.2002), but ordered the mandate stayed pending a decision by the United States Supreme Court in Arizona v. Ring, 200 Ariz. 267 , 25 P.3d 1139 (2001). Pizzuto v. Arave, 280 F.3d 1217 (9th Cir. 2002). Once Ring was decided, Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002), we further stayed the mandate pending the Supreme Court’s decision in Summerlin v. Stewart, 341 F.3d 1082 (9th Cir.2003) (en banc). Pizzuto v. Arave, 345 F.3d 1119 (9th Cir.2003) (also deferring the time for filing a petition for rehearing and/or petition for rehearing en banc until final disposition of Summerlin). Summerlin has been decided as well. Schriro v. Summerlin, — U.S. -, 124 S.Ct. 2519, 2526 , 159 L.Ed.2d 442 (2004). Having received and reviewed briefing on both cases, we now lift the stay.
Pizzuto filed supplemental briefs before our opinion was published in which he contended that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), overruled Walton v. Arizona, 497 U.S. 639 , 110 S.Ct. 3047 , 111 L.Ed.2d 511 (1990). We held that Pizzuto’s argument was…