Kevin Miles v. Charles Ryan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN ARTICE MILES, No. 10-99016 Petitioner-Appellant, D.C. No. v. 4:01-cv-00645-RCC

CHARLES L. RYAN , Director, Arizona Department of ORDER AND Corrections, AMENDED Respondent-Appellee. OPINION

Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding

Argued and Submitted February 16, 2012—San Francisco, California

Filed August 27, 2012 Amended March 25, 2013

Before: Susan P. Graber, Marsha S. Berzon, and Richard C. Tallman, Circuit Judges.

Order; Opinion by Judge Graber; Partial Concurrence and Partial Dissent by Judge Berzon MILES V . RYAN

SUMMARY*

Habeas Corpus/Death Penalty

The panel affirmed the district court’s denial of a 28 U.S.C. § 2254 habeas corpus petition challenging a capital sentence for felony murder, dangerous kidnapping and dangerous armed robbery in connection with a car-jacking. The panel held that counsel did not provide ineffective assistance during sentencing, despite petitioner Miles’s claims that counsel…