Opinion
No. 13-72199
02-23-2015
JUAN M. CASTILLO, Petitioner, v. ROBERT LEGRAND, Warden, Respondent.
NOT FOR PUBLICATION
ORDER Application to File Second or Successive Petition Under 28 U.S.C. §2254 Argued May 14, 2014 Submitted February 18, 2015 San Francisco California Before: SILVERMAN and GOULD, Circuit Judges and LEMELLE, District Judge.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The Honorable Ivan L.R. Lemelle, District Judge for the U.S. District Court for the Eastern District of Louisiana, sitting by designation.
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Submission of this case was previously withdrawn. It is now RESUBMITTED FOR DECISION as of February 18, 2015.
Petitioner Castillo's application for leave to file a second or successive 28 U.S.C. § 2254 habeas petition in district court to allege that Miller v. Alabama, 132 S. Ct. 2455 (2012), is retroactive and applies to his sentence is GRANTED.